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Inheritance law in Germany is primarily federal, applying uniformly across states including Baden-Wurttemberg and the city of Tübingen. In Tübingen, probate matters and the issuance of documents like the Erbschein are handled locally by the Amtsgericht with support from the Notar. The core rules come from the Bürgerliches Gesetzbuch, Book 5 Erbrecht, which covers wills, heirs, and the Pflichtteil. Real estate in Tübingen and the wider region is affected by these rules and by land registry procedures tied to estate transfers.
Bürgerliches Gesetzbuch (BGB) - Book 5 Erbrecht governs most inheritance matters in Germany, including wills, Erbvertrag, enforcement of the Pflichtteil, and succession rules. In Tübingen and Baden-Wurttemberg, courts and notaries apply these federal rules to local estates, including property in the region. See Gesetze im Internet for the full text of the law.
According to the BGB, Book 5 Erbrecht, key topics include testamentary dispositions, compulsory portions, and the rights of heirs.Gesetze im Internet - BGB (Book 5 Erbrecht)
Erbschaftsteuer- und Schenkungsteuergesetz (ErbStG) governs the taxation of inherited assets in Germany. Tax allowances and rates depend on the heir relationship and the estate value. For residents of Baden-Wurttemberg, the tax authority applies the federal ErbStG rules with regional administration handling filings and notices. See the official pages for details on exemptions and rates.
Taxation of inherited assets under ErbStG varies by relationship to the deceased and estate value, with different reliefs and thresholds.Bundesministerium der Finanzen - Erbschaftsteuer
Zivilprozessordnung (ZPO) provides the procedural framework for civil disputes related to estates, including probate challenges and Erbsache proceedings. The ZPO governs timelines, service, evidence, and court structure in Baden-Wurttemberg, including Tübingen. This is the primary source for how inheritance disputes are advanced through the courts.
Inheritence disputes in Germany are typically resolved under the provisions of the ZPO, which outlines procedures and deadlines.Gesetze im Internet - Zivilprozessordnung (ZPO)
An Erbschein is an official court document proving who are the legal heirs. You typically need it to transfer real estate or access bank accounts. The Amtsgericht Tübingen issues Erbscheine after reviewing the estate and heirs documentation.
You file a formal request with the relevant court department, attach death certificates, the will, and identification for each heir. A lawyer can help assemble the necessary documents and submit them accurately.
The Pflichtteil is a minimum share of the estate reserved for certain close relatives. In Baden-Wurttemberg, it applies to spouses, children, and in some cases parents. The exact amount depends on the relationship and total estate value.
Costs depend on complexity, hours, and the case value. German lawyers use a structured fee schedule, and you can request an upfront estimate before work begins. Budget for a potential court filing if disputes arise.
No, notary not always required for a will, but certain forms or real estate dispositions benefit from notarization. Notaries help confirm authenticity and reduce challenges later.
Eigenhändige Testamente are valid if properly written and signed. Courts verify signatures and intent. Notarization or an expert opinion may be needed if disputes occur.
Claim deadlines vary by claim type, but many time limits start from the decedent's death or from when a claim becomes known. A lawyer can track specific deadlines for your case.
Official forms and guidance are published by the Justizportal Baden-Wurttemberg. They provide requirements, submission steps, and contact details for the local court in Tübingen.
Inheritance taxation depends on relation to the deceased and estate value. Reliefs and exemptions apply for spouses, children, and certain organizations. A lawyer can calculate potential tax and plan timing of transfers.
Yes, an Erbvertrag can be contested if it was procured under duress or misrepresentation, or if its terms are invalid under Erbrecht. A lawyer reviews the contract and coordinates with the court if challenges arise.
A local lawyer familiar with Tübingen courts and the regional land registry can save time. If the case involves multiple states, a broader specialist may help. Consider a lawyer who regularly handles Erbrecht in Baden-Wurttemberg.
Probate may still be required for transferring real estate or opening bank accounts. A lawyer can assess whether a simple succession declaration suffices or a formal Erbschein is needed.
