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In Baden-Baden, the law governing wills and inheritance comes from federal German law found in the German Civil Code, known as the Bürgerliches Gesetzbuch. Local authorities such as the probate court in Baden-Baden, called the Nachlassgericht at the Amtsgericht, handle the practical steps when someone dies. A will, called a Testament, lets you decide who receives your assets and who should manage your estate. You can write a handwritten will, sign a will before a notary, make a joint will with your spouse, or use an inheritance contract. If you die without a will, your estate is distributed under statutory rules.
Cross-border situations are common in a city like Baden-Baden. The EU Succession Regulation generally applies the law of the country of your habitual residence at death, unless you choose the law of your nationality in your will. Because of these choices and the way German law protects close family members through forced heirship, careful planning and proper formalities are important.
People seek a lawyer for will and inheritance matters when they want clarity, enforceability, and the least risk of disputes. A lawyer can explain how German forced heirship works, draft strategies to provide for a spouse and children fairly, and reduce the risk of successful challenges. If you own real estate, a business, or assets in more than one country, legal advice helps coordinate different legal systems and avoid costly delays. A lawyer can also plan for the tax implications of your estate, prepare executorship provisions, and align your will with marital property rules and company agreements.
In Germany, notaries prepare and record public wills and inheritance contracts, and they handle deposit and registry formalities. A lawyer advises and represents your interests, helps you compare options such as a handwritten will versus a notarial will, drafts customized clauses, and assists heirs with probate, tax notifications, and disputes. If a will must be contested or defended, a lawyer acts for you in court.
Recognized will types include the handwritten will, which must be written entirely by the testator and signed. Including the date and place is strongly recommended for clarity. A public will is made before a notary. Married spouses or registered partners can make a joint will, often known as a Berliner Testament, and individuals can also bind arrangements through an inheritance contract, which requires a notary.
Forced heirship, called the Pflichtteil, gives close relatives a monetary claim if they are left out or receive less than a minimum. Typically, descendants, a surviving spouse or registered partner, and in some cases parents, may be entitled. The Pflichtteil is a cash claim equal to half of the person’s statutory share and does not give ownership of specific items.
Statutory succession applies when there is no will. Assuming the common default marital property regime called Zugewinngemeinschaft, a surviving spouse usually receives one half if there are children and three quarters if there are no descendants but there are parents or siblings. Children share the remainder equally. If there are no descendants, parents, or grandparents, the spouse generally receives the entire estate.
The probate court for Baden-Baden is the Nachlassgericht at the local Amtsgericht. Anyone holding a will must submit it to the court after death. The court opens the will and notifies heirs. Heirs often prove their status with a certificate of inheritance, called an Erbschein, which the court issues. In many cases, a notarial will together with the court’s opening protocol is enough to deal with banks and transfer real estate in the land register, called the Grundbuch, which is also managed through the local court’s land registry office.
Heirs inherit assets and debts. If the estate may be insolvent, heirs can protect themselves by renouncing the inheritance or by using tools such as estate administration or estate insolvency proceedings. The usual deadline to renounce is six weeks from learning of the inheritance and the reason for your entitlement. If the deceased lived abroad or the heir resides abroad, the period is six months.
Inheritance tax is federal. Tax allowances are significant, for example for spouses and children, and rates depend on the relationship and the value of the inheritance. The local tax office in Baden-Baden handles inheritance tax matters. Beneficiaries must report an inheritance to the tax office within three months of learning about it if the authorities are not already informed by a notary or court.
Costs for notaries and courts are set by law under the German Act on Court and Notary Fees. Fees depend on the value of the estate or the transaction. Public wills and inheritance contracts are registered in the Central Register of Wills and are typically deposited with a court or notary so they can be found quickly when needed.
Germany recognizes handwritten wills, public wills made before a notary, joint wills by spouses or registered partners, and inheritance contracts. A handwritten will must be entirely written and signed by the testator. A public will is signed before a notary, who ensures correct form and registers it. An inheritance contract is binding and must be notarized.
You can write a valid handwritten will yourself if you follow the formalities and sign it. A notarial will offers additional safeguards, clear wording, and automatic registration. Complex family situations, significant assets, cross-border issues, and business ownership are strong reasons to use a notary and to seek legal advice from a lawyer.
Write the entire text in your own handwriting, state your full name, and sign at the end. Include the date and place to avoid uncertainty and consider adding your date of birth for identification. Be clear about who inherits what and name substitute heirs if a beneficiary predeceases you. If you appoint an executor, state their full details and powers.
For safety and to ensure discovery, deposit your will with the probate court or have a notary keep and register it in the Central Register of Wills. You can also store a handwritten will at home, but make sure a trusted person knows where it is. On death, anyone holding a will must submit it to the Nachlassgericht at the Amtsgericht Baden-Baden.
The Pflichtteil is a forced share claim in money that protects close family. Children, a surviving spouse or registered partner, and in some cases parents have this right if they are omitted or inadequately provided for. The amount is half of the statutory share that person would receive under intestacy. The claim usually becomes time-barred after three years from the end of the year in which the heir learns of the death and their entitlement.
Statutory succession applies. In the common default marital property regime, a surviving spouse typically receives one half if there are children and three quarters if there are no descendants but there are parents or siblings. Children share the remainder equally by lines. If there are no descendants, parents, or grandparents, the spouse generally inherits everything. These shares can differ if a different matrimonial regime applies.
Yes. Spouses and registered partners can make a joint will, often choosing a Berliner Testament that leaves everything to the surviving spouse first and then to children as final heirs. After the first death, certain provisions may become binding, limiting changes by the survivor. This structure can affect the Pflichtteil rights of children after the first death, so careful planning and advice are important.
You can exclude someone in your will, but close relatives may still have a Pflichtteil cash claim. A full loss of the Pflichtteil is possible only for narrow legal reasons such as serious misconduct defined by law. You can also reduce risk through lifetime gifts thoughtfully structured, though these can trigger Pflichtteil supplements. Legal advice is essential before relying on disinheritance strategies.
Many institutions accept a notarial will plus the court’s opening record as proof of heirship. An Erbschein is generally required if there is no notarial will or if third parties demand formal proof, especially for land register updates or complex heir constellations. The Nachlassgericht at the Amtsgericht Baden-Baden issues the Erbschein on application and charges statutory fees based on estate value.
You have six weeks to renounce after learning of the inheritance and your basis for entitlement, or six months if the deceased or the heir was abroad. Inheriting includes debts. If the estate may be insolvent, seek advice quickly about renunciation, estate administration, or an estate insolvency to limit personal liability.
Amtsgericht Baden-Baden, Nachlassgericht. The local probate court opens wills, issues certificates of inheritance, and handles estate matters. The land registry office, called the Grundbuchamt, is also attached to the local court for property title changes.
Local notaries in Baden-Baden. Notaries draft and notarize public wills and inheritance contracts, arrange deposit, and register wills in the Central Register of Wills.
Bundesnotarkammer, Zentrales Testamentsregister. The central registry ensures that deposited wills and inheritance contracts are found and opened by the competent probate court.
Notarkammer Baden-Württemberg. The regional notarial chamber can help you find a notary and understand notarial procedures for wills and estate planning.
Finanzamt Baden-Baden. The local tax office handles inheritance tax notifications, valuations, and assessments for estates with a connection to Baden-Baden.
Standesamt Baden-Baden. The civil registry issues death certificates and other vital records needed for probate and tax filings.
Verbraucherzentrale Baden-Württemberg. The consumer advice center provides plain language information on inheritance basics, powers of attorney, and related topics.
Local lawyer associations and referral services. These can help you find a lawyer experienced in wills, inheritance, and estate litigation in the Baden-Baden area.
Clarify your goals. Decide who should inherit, who should manage your estate, and whether you want to include conditions, gifts to charity, or protections for minors or vulnerable beneficiaries.
Map your assets. List real estate, bank accounts, investments, business interests, life insurance, and digital assets, and note where documents are kept. Identify any non-German assets that may trigger foreign rules.
Consider family protections. Understand how the Pflichtteil could affect your plan and whether a joint will or inheritance contract fits your family. If you are married, review your marital property regime and whether a marital property agreement is needed.
Choose the right instrument. A straightforward situation may suit a carefully drafted handwritten will. For complex or cross-border estates, or if you want an inheritance contract or a joint will, use a notarial will and get tailored legal advice.
Coordinate tax and title. Ask about inheritance tax allowances and planning options. Check what proof of heirship banks and the land registry will require so your heirs can act without delay.
Formalize and store safely. Execute your will correctly. Deposit it with the Nachlassgericht or a notary so it is registered and located quickly when needed. Tell your executor or a trusted person about the deposit.
Review regularly. Update your plan after major life events such as marriage, divorce, birth of a child, a significant purchase, or relocation. If you move abroad or acquire assets outside Germany, revisit your choice of law under the EU Succession Regulation.
Seek professional help early. A local lawyer in Baden-Baden can align your wishes with German law, coordinate with a notary, and support your heirs through probate and tax compliance when the time comes.
