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Inheritance law in Germany is primarily governed by the Bürgerliches Gesetzbuch, known as the BGB. In Hildesheim, as in the rest of Lower Saxony, probate and estate matters are handled by local courts (Amtsgerichte) and, where needed, by higher regional courts. A key step for handling assets is obtaining an Erbschein, a court document proving who are the rightful heirs for dealing with bank accounts, property, and other assets. Notaries play an important role in drafting and authenticating wills and Erbverträge (inheritance contracts).
German inheritance law covers testaments, intestate succession, and the rights of heirs, including the Pflichtteil, which protects certain close relatives from being disinherited. In Hildesheim you may encounter cross-border issues if assets or heirs are outside Germany, making careful legal guidance essential. Practical matters include debt settlement, asset distribution, and confirming heir status with the court before transferring property or accounts.
For residents of Hildesheim, understanding how local procedures interact with federal law helps prevent delays and disputes. The combination of BGB rules and local court practices shapes how estates are opened, debts are settled, and assets are distributed after a death in Hildesheim. This guide aims to clarify common scenarios and how a lawyer can help navigate them.
“Inheritance matters in Germany are governed by federal code (BGB) with state court administration. Local probate often requires an Erbschein from the Amtsgericht.” - BMJ and Justizportal guidance
Bürgerliches Gesetzbuch (BGB) - Erbrecht governs testaments, intestate succession, Pflichtteil rights, and the general framework for how estates are opened and divided. The BGB applies uniformly across Germany, including Hildesheim, with Book Five covering inheritance matters. The rules determine who inherits when there is no will, and how much each entitled heir receives under Pflichtteil provisions.
Erbschaftsteuer- und Schenkungsteuergesetz (ErbStG) governs taxes on inheritances and gifts. Tax rates and exemptions depend on the relationship of the heir to the deceased and the value of the estate. Local tax authorities in Lower Saxony administer the Erbschaftsteuer process, filings, and payments. Planning ahead can minimize tax exposure while staying compliant with law.
EU Regulation 650/2012 on cross-border succession coordinates jurisdiction, recognition and enforcement of probate decisions in EU member states. This regulation helps determine which country’s court handles cross-border inheritances and how testamentary effects travel across borders. For Hildesheim residents with assets or heirs abroad, this rule shapes where and how probate is pursued.
In Hildesheim, practical procedures are carried out by local courts and notaries. An Erbschein is issued by the relevant Amtsgericht when heirs present the required documentation. If disputes arise, a party may seek resolution through mediation or through the regional courts in the state. For digital or streamlined filings, some probate processes are undergoing modernization in state courts.
“The Erbschein validates heir status for asset transfers and is issued by the local probate court.” - Justizportal guidance
An Erbschein is a court certificate proving who the legal heirs are. It is typically required to access bank accounts, sell property, or close accounts of the deceased. You may need it after a death in Hildesheim if the estate includes non-cobbed assets or disputes arise.
Start by collecting the death certificate, original will if present, and lists of assets and debts. Contact an inheritance lawyer to assess eligibility for an Erbschein and prepare the petition for the Amtsgericht Hildesheim if needed.
Erbschaftsteuer applies to most inheritances, based on the relationship to the deceased and the estate value. Tax calculations consider exemptions and rates with the tax office in Lower Saxony.
Filing for probate and Erbscheine is done at the local Amtsgericht responsible for the deceased’s last domicile, typically in Hildesheim. A lawyer can prepare and submit the file and coordinate with banks and authorities.
A lawyer helps prevent procedural errors, reduces delays, and ensures compliance with German inheritance law. They can handle complex questions, including Pflichtteil claims and cross-border issues.
Yes. You may contest a will if you have grounds such as coercion, invalid form, or lack of proper execution. A solicitor can evaluate validity and represent you in negotiations or court.
Notaries can be helpful to draft and authenticate wills or Erbverträge. They ensure formal compliance with German law, particularly for notarization of real property bequests.
For a straightforward estate, a lawyer can still save time by handling documents, deadlines, and communication with authorities. They help ensure no steps are missed in the Erbschein process.
Yes. If there is no will, the estate passes to heirs under intestate succession rules. A will can set different distributions but must meet formal requirements to be valid.
Timelines vary by complexity. A simple case can take a few months, while contested estates or cross-border scenarios may extend to a year or more.
Costs include court fees for Erbschein, notary fees for wills if applicable, and lawyer fees. Ask for a written fee agreement to understand total costs up front.
