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Inheritance law in Germany is primarily governed by the Bürgerliches Gesetzbuch (BGB), Book 4 Erbrecht. This body of law covers what happens to a person’s assets when they die, including wills, intestate succession, and Pflichtteil rights for certain close relatives. In Pfaffenhofen an der Ilm, as in Bavaria, residents rely on local courts and notaries for formal steps like obtaining an Erbschein or validating a will.
Wills and Erbverträge (inheritance contracts) often require careful drafting to avoid disputes among heirs. The process can involve probate, asset valuation, and potentially tax considerations. Working with a qualified attorney or solicitor who specializes in Erbrecht helps ensure compliance with German state and federal rules and reduces delay or conflict.
German inheritance law rests on a few core statutes that also apply in Pfaffenhofen an der Ilm. Below are key references you may encounter in practice, with notes on where they apply locally.
The German Civil Code (BGB) Book 4 governs all matters of inheritance, including will validity, intestate succession, and the distribution of estates. It also defines how a surviving spouse and children share the estate when there is no will. For the full text, see the official sources below and search for the Erbrecht sections within the Book 4 provisions.
Sources: BGB - Book 4 Erbrecht
An Erbvertrag is an inheritance contract that must be notarized to be valid. It binds future generations and can specify shares or conditions that persist beyond the death of the testator. Notarial execution helps prevent later challenges from heirs.
Source: Erbvertrag provisions in the BGB
The Pflichtteil protects certain heirs who would otherwise be disinherited. It guarantees a minimum portion of the estate for close relatives, depending on the family situation. Calculation depends on the legal share and the presence of other heirs.
Source: Pflichtteil rules in the BGB
Pflichtteil is a legally protected portion of the estate reserved for certain heirs under the German Civil Code.
To prove inheritance and access assets, many parties request an Erbschein from the local Amtsgericht under the FamFG rules. The Erbschein certifies who is entitled to the estate and may be necessary for bank accounts and property transfers. The procedure is typically handled in the jurisdiction where the deceased resided.
Source: FamFG - Verfahren in Familiensachen
Cross-border inheritance matters in Pfaffenhofen may involve EU Regulation 650/2012. This regulation determines which country's law applies to the succession and how judgments and orders are recognized across borders. It is particularly relevant if assets lie outside Germany or if the deceased had a habitual residence abroad.
Source: Regulation (EU) No 650/2012
Recent trends in the European Union emphasize harmonization of cross-border inheritance rules and clear jurisdiction for Erbschein proceedings.
Additional note: In Bavaria and Pfaffenhofen, notaries often play a central role in estate planning and in drawing up legally enforceable wills or Erbverträge. This ensures compliance with local practice and avoids common pitfalls in asset transfers.
An Erbschein is a court certificate proving who inherits. Banks, notaries, and authorities typically require it to prove legal ownership or to release funds.
Begin by consulting a Bavarian inheritance lawyer. They file the relevant petitions with the local Amtsgericht and guide you through necessary documents and fees.
A will may be handwritten (Eigenhändige) or notarized. Notarization is required for Erbverträge and to ensure formal validity for complex estates.
Costs depend on case complexity and estate value. German lawyers typically charge based on a schedule (RV/Anwaltshonorare). An initial consultation can range from 150 to 350 euros.
Not always, but a lawyer helps ensure proper evidence, jurisdiction, and compliance with Pflichtteil rules. Many disputes benefit from professional representation.
The Pflichtteil is a protected portion for certain close relatives. The exact share depends on the familial situation and whether there are surviving spouses or children.
Timing varies by complexity and court workload. Simple cases may take a few months; more complex situations with cross-border assets can extend to 6-12 months or longer.
The official forms are available through the local court and on the Justizportal; your lawyer can download and prepare the necessary documents.
Local lawyers understand Bavarian practice, court rules, and the local notary network. They can coordinate efficiently with local authorities and banks.
You can attempt simple matters, but a lawyer reduces the risk of errors, ensures proper tax handling, and helps with complex distributions and cross-border issues.
Yes. An Erbvertrag can set enforceable arrangements and prevent future disputes, especially when blended families are involved. It should be notarized.
An Erbschein proves inheritance rights to authorities and banks; a Testament is a declaration of how assets should be distributed after death. The will governs disposition; the Erbschein confirms who is entitled to act as heir.
