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Probate in Germany is the process of handling a deceased person’s estate, known as the Nachlass. In Kitzingen, which is in Bavaria, probate matters are overseen by the Nachlassgericht at the local district court, the Amtsgericht Kitzingen. The court verifies whether a valid will exists, formally opens it, determines the rightful heirs, and issues official documents such as the certificate of inheritance, called the Erbschein. Notaries also play a major role in wills, estate planning, and filings with the land registry. German probate focuses on transferring assets, settling debts, protecting the rights of close relatives, and making sure legal formalities are followed so that banks, the land registry, and other institutions accept the change of ownership.
Many estates are straightforward, but legal help can be crucial when questions or conflicts arise. You may benefit from a lawyer if a will is unclear, appears invalid, or is being contested. Legal advice is important when close relatives consider asserting forced share rights, called Pflichtteil, or when someone has been disinherited. If there is an Erbengemeinschaft, a community of heirs, a lawyer can help resolve disputes about selling property, managing accounts, or dividing personal items. Complex estates with real estate, a family business, or significant debts often require strategic steps to limit liability through estate administration or estate insolvency procedures. Cross-border issues are common today, for example when the deceased or the heirs are from different countries or assets are held abroad. A lawyer can also prepare and file the Erbschein or, in cross-border EU cases, the European Certificate of Succession, and coordinate with banks and the land registry. Finally, a lawyer can plan and protect against pitfalls such as missed deadlines for disclaiming an inheritance, tax filing errors, or incomplete documentation.
German inheritance rules are found primarily in the Civil Code, the Bürgerliches Gesetzbuch, and probate procedure is governed by the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction, called FamFG. In Kitzingen, the Nachlassgericht at the Amtsgericht is responsible for opening wills, keeping records, and issuing certificates. The applicable law for succession is usually the law of the deceased’s last habitual residence, and for many international cases within the EU the European Succession Regulation applies and allows use of the European Certificate of Succession.
Wills can be handwritten and signed, called a holographic will, or notarized. Spouses often use a joint will, commonly known as a Berliner Testament, and there are also inheritance contracts. Notaries can deposit wills with the court and register them with the Central Register of Wills, the Zentrales Testamentsregister, which is maintained by the federal chamber of notaries. After death, the court opens the will, provides an opening record, and notifies known heirs.
Where no will exists, statutory succession applies. Spouses and close relatives inherit according to fixed rules and shares. Close relatives have forced share rights, the Pflichtteil, which is a monetary claim against the heirs if they are excluded or receive less than the protected minimum. The Pflichtteil is generally half of the statutory share and must be actively claimed within limitation periods.
An Erbschein is often needed to prove heirship to banks and for entries in the land register, the Grundbuch. In some cases, a notarized will with the court’s opening record can be sufficient, especially for updating the land register. Courts and notaries charge fees based on the estate value under the Court and Notary Costs Act, GNotKG. Lawyers’ fees are governed by the German Lawyers’ Fees Act or by a fee agreement. If the estate includes debts, heirs are generally liable, but they can disclaim the inheritance within six weeks of learning of their status, or within six months in certain cross-border situations. Liability can also be limited through estate administration or estate insolvency procedures.
Inheritance tax is assessed by the tax office, for Kitzingen typically the Finanzamt Kitzingen. Tax-free allowances apply and depend on the relationship. As an orientation, spouses have a high allowance, children have a substantial allowance, and more distant relatives have smaller allowances. Rates vary by tax class and the taxable value. Tax advice is recommended, as filings and valuations can affect outcomes.
Probate is the legal process of settling the estate of the deceased. The Nachlassgericht at the Amtsgericht Kitzingen handles local probate tasks such as opening a will, verifying heirs, and issuing the Erbschein. Notaries assist with filings and real estate transfers.
Check personal papers and ask close family. Many wills are deposited with a notary or the court and are recorded in the Central Register of Wills. After the death is registered, the court or notary will search the register, and the court opens any registered will and notifies heirs.
Not always. Sometimes a notarized will together with the court’s opening record is sufficient, especially for the land registry. Some banks still ask for an Erbschein even when other proof is available. A lawyer can assess the most efficient option for your case and help avoid unnecessary costs.
You usually have six weeks from learning that you are an heir and the basis of your succession to disclaim the inheritance at the court or through a notary. If the deceased had a last residence abroad or the heir is abroad when learning of the succession, the period is typically six months. Missing the deadline generally means you have accepted.
The Pflichtteil is a forced share that protects close relatives, usually the spouse, children, and sometimes parents. It is a monetary claim against the heirs equal to half of the statutory share. It must be asserted by the entitled person and is subject to limitation periods, typically three years from the end of the year in which the person learned about their entitlement and the heirs.
You can disclaim the inheritance in time, or limit liability by applying for estate administration or estate insolvency if you accept the inheritance but the estate may be over-indebted. Prompt legal advice is important so that actions do not inadvertently count as accepting without protection.
Simple cases with a clear will and complete documents may take a few weeks to a few months for issuance of the Erbschein. Complex or contested estates, cross-border elements, or missing documents can extend the timeline significantly. Real estate transfers can add processing time at the land registry.
Typical documents include the death certificate, proof of family relationships such as birth or marriage certificates, any wills and codicils, the court’s opening record, identification documents, and information about the estate’s composition and value. If there is a community of heirs, details of all heirs are required.
Cross-border estates often involve choice of law and recognition questions. The European Succession Regulation generally applies for deaths on or after 17 August 2015 and allows a European Certificate of Succession to prove status across participating EU countries. Outside the EU, local legal requirements may also apply. A lawyer familiar with cross-border probate can coordinate efficiently.
Germany levies inheritance tax based on the relationship to the deceased and the taxable value of the inheritance after allowances. Spouses and children have higher allowances than distant relatives. Filing is required in many situations, and the tax office assesses the amount due. Deadlines and valuation can affect liability, so early tax guidance is advisable.
Amtsgericht Kitzingen, Nachlassgericht. The local probate court for opening wills, issuing certificates of inheritance, and general estate matters.
Grundbuchamt at the competent Amtsgericht. The land registry that records ownership changes for real property in the district.
Landgericht Würzburg. The regional court that hears certain appeals in probate related matters from the local district courts in the region.
Finanzamt Kitzingen. The tax office responsible for inheritance tax assessments and related tax inquiries for the area.
Rechtsanwaltskammer Bamberg. The regional bar association that can help locate qualified probate lawyers serving Kitzingen.
Notarkammer Bamberg and Bayerische Notarkammer. Professional bodies for notaries in the region and state, helpful for finding a notary for wills, certifications, and land registry filings.
Bundesnotarkammer and Zentrales Testamentsregister. The federal chamber of notaries and the central register of wills used to locate deposited wills after death.
Stadt Kitzingen Standesamt and Bürgerbüro. The local civil registry and citizens office for issuing death certificates and related civil status documents needed for probate.
Verbraucherzentrale Bayern. Consumer advice organization offering general information on inheritance topics and rights of heirs.
Deutsches Notarinstitut in Würzburg. A specialist institution providing research support to notaries and general information on inheritance law developments.
Gather essential documents such as the death certificate, identity papers, and any wills or estate planning documents. If you suspect a will was deposited, inform the notary or the Amtsgericht Kitzingen so the register can be checked and the will can be opened.
Decide promptly whether to accept or disclaim the inheritance. If debts are suspected or information is incomplete, seek legal advice immediately to preserve your options and avoid actions that may be treated as unconditional acceptance.
Consult a local probate lawyer to assess your position, plan the sequence of filings, and prepare an Erbschein or, in cross-border matters, a European Certificate of Succession. Ask about costs, timelines, and documents you will need. If real estate is involved, coordinate with a notary for land registry updates.
Notify banks, insurance companies, employers, pension providers, and other institutions of the death and ask what proof they require. Keep careful records of all communications and estate transactions.
Clarify inheritance tax obligations with the Finanzamt Kitzingen or a tax advisor. Determine whether a tax return is required, what valuations are needed, and when payments are due to avoid penalties.
If disputes arise within a community of heirs, consider a structured agreement with legal guidance to manage assets, handle liabilities, and either divide or sell property fairly.
This guide provides general information. For advice tailored to your situation in Kitzingen, arrange a consultation with a lawyer experienced in probate and, where relevant, cross-border succession.
