Best Will & Testament Lawyers in Baden-Baden

About Will & Testament Law in Baden-Baden, Germany

A will in Germany is a legally binding document that determines who receives your assets after death and under what conditions. In Baden-Baden, as everywhere in Germany, succession is governed by the German Civil Code, known as the Bürgerliches Gesetzbuch. You can make a handwritten private will that you write entirely by hand and sign, or a public will executed before a notary. Married couples and registered civil partners may also create a joint will, often called a Berliner Testament, that commonly makes the surviving partner the first heir and children the final heirs after the second death. After a death, the local probate court, called the Nachlassgericht, at the Amtsgericht Baden-Baden handles matters such as opening the will and issuing certificates of inheritance. Heirs may need to deal with inheritance tax, property transfers, and bank account access. Proper planning helps avoid disputes and protects loved ones, including children, partners, and vulnerable beneficiaries.

Why You May Need a Lawyer

Many people benefit from legal advice when their family or assets make planning more complex. This includes blended families, unmarried partners, business owners, or people who own real estate in Baden-Baden or abroad. A lawyer can help structure gifts and legacies, respect compulsory shares for close relatives, and reduce conflict among co-heirs. Cross-border situations are common in Baden-Baden and raise questions about which country’s law applies and how foreign assets will be handled. If you want to set conditions, appoint an executor, provide for a disabled child, exclude someone from inheriting, or protect family property from creditors, tailored drafting is essential. Lawyers also assist with probate disputes, challenging or defending a will, renouncing a debt-laden estate, and negotiating a fair division in a community of heirs. Notaries are required for certain instruments and can formalize your will, but a lawyer can advise you independently, represent you in court, and coordinate with tax advisors for inheritance tax planning.

Local Laws Overview

Form of will. A private handwritten will must be written entirely by the testator, signed with full name, and should include the date and place to avoid later uncertainty. A typed will is not valid unless it is executed as a notarial deed. A notarial will is recorded by a notary, registered in the Central Register of Wills administered by the Federal Chamber of Notaries, and typically deposited with the probate court for safe keeping.

Joint wills and contracts. Spouses and registered civil partners may make a joint will. Common mirror provisions can become binding after the first death, which limits later changes by the survivor. Unmarried partners cannot make a joint will but can use coordinated separate wills or a contract of inheritance with a notary.

Compulsory shares. Children, the spouse or civil partner, and sometimes parents are entitled to a compulsory share if disinherited. This is a monetary claim equal to half of the statutory share. It must be considered when planning, especially for family homes and businesses.

Debts and co-heirs. Heirs step into the decedent’s rights and debts. If there are multiple heirs, they form a community of heirs that must act jointly to manage and divide the estate. Liability can be limited by applying for estate administration or insolvency if debts are a concern.

Probate and certificates. Banks and the land registry often require proof of heirship. This is usually an Erbschein issued by the Nachlassgericht, but a notarial will with the court’s opening record can also suffice. Real estate transfers require submission of proper documents to the land registry so that the new owner is entered in the register.

Renunciation of inheritance. If an estate is over-indebted, an heir can renounce the inheritance at the probate court or via notarial declaration. The deadline is generally six weeks from learning of the inheritance and basis of one’s right, extended to six months if the heir or the deceased was abroad.

Executors and guardians. You can appoint a Testamentsvollstrecker to administer or settle the estate and you may name a guardian for minor children. Clear instructions reduce delay and conflict.

Cross-border aspects. Under the EU Succession Regulation, the law of the deceased’s habitual residence usually applies to the worldwide estate, unless the deceased chose the law of their nationality in their will. Cross-border assets may still trigger formalities in other countries, so coordinated advice is important.

Inheritance tax. Germany levies inheritance tax with significant allowances, for example for spouses and children. Valuation rules and tax classes apply, and the tax office must usually be notified within three months of learning of the inheritance. Local administration is handled by the competent tax office serving Baden-Baden.

Storage and registration. Depositing your will with the probate court and registering it ensures it is found and opened promptly. Safe storage also protects against loss or destruction.

Frequently Asked Questions

Do I need a notary or can I handwrite my will?

You can make a valid will by writing the entire text by hand and signing it. Include date and place so the court can see which will is the latest. A typed will is invalid unless it is notarized. A notarial will is advisable if your estate is complex, if you want legal guidance during execution, or if you prefer easier probate for your heirs.

Can spouses or registered partners make a joint will like the Berliner Testament?

Yes, married couples and registered civil partners may make a joint will. A typical Berliner Testament makes the survivor sole heir first and children final heirs after the second death. Mutual provisions often become binding after the first death, which can restrict later changes. You can include flexibility clauses to allow tax optimization or changes for good cause.

Who has a compulsory share and how is it calculated?

Descendants and the spouse or civil partner always have compulsory rights. Parents have them only if there are no descendants. The compulsory share is a cash claim equal to half of the statutory share. It is usually payable from estate assets, which can pressure liquidity if most wealth is in real estate or a business. Planning can smooth funding and timing.

How can I exclude someone from inheriting?

You may disinherit any person in your will. However, persons with compulsory share rights still have a monetary claim unless severe grounds for forfeiture apply, which are rare and must be clearly stated. If the goal is control rather than exclusion, consider a legacy, conditions, an executor, or preliminary and subsequent heir structures.

What is an Erbschein and when do I need one?

An Erbschein is a court certificate proving who the heirs are and their shares. It is often requested by banks and required for certain registrations. If you have a notarial will and the court’s opening record, many institutions accept those instead, which can save time and fees. Real estate transfers can proceed with either set of documents.

How do I renounce an inheritance with debts and what are the deadlines?

Declare renunciation in person at the probate court or by notarized declaration for submission to the court. The standard deadline is six weeks from when you learn of the inheritance and why you are an heir. It is six months if you or the decedent were abroad at that time. Do not mix estate assets with your own before you decide, or you might be deemed to have accepted.

I am not German or own assets in multiple countries - which law applies?

Under EU rules, the law of your habitual residence usually governs your worldwide estate. You may choose the law of your nationality in your will. This choice should be explicit and coordinated with planning for assets in other countries, since local formalities, forced heirship, or taxes can still apply. Cross-border estates benefit from both legal and tax advice.

How do I transfer real estate in Baden-Baden after death?

The land registry updates ownership based on an Erbschein or a notarial will plus the court’s opening record and required certificates. Heirs submit an application and supporting documents. A time-limited exemption from property transfer fees may apply for the change of ownership due to inheritance. Valuation can affect inheritance tax, so gather appraisals where appropriate.

What does it cost to make a will or get probate?

Notarial fees for wills are set by law based on the value of your estate and the complexity of the deed. Depositing and registering the will also have statutory fees. Lawyer fees depend on the scope of advice and may follow a statutory schedule or a fee agreement. For an Erbschein, court fees are likewise value based. Ask for a cost estimate before you proceed.

How can I change or revoke my will later?

You can always revoke your will by making a new one or destroying the original, provided you have capacity. For joint wills, revocation before the first death generally must be notarial and notified to the other partner. After the first death, binding mutual provisions often cannot be changed. Keep wills updated after marriage, divorce, births, purchases, or moves abroad.

Additional Resources

Amtsgericht Baden-Baden, Nachlassgericht, for will deposit, opening of wills, and certificates of inheritance. Bundesnotarkammer and the Central Register of Wills for registration and information about notarial wills. Notarkammer Baden-Württemberg for finding a notary. Rechtsanwaltskammer Freiburg for finding a lawyer admitted in the region. Finanzamt Baden-Baden for inheritance tax notifications and assessments. Verbraucherzentrale Baden-Württemberg for neutral consumer guidance on end-of-life documents. Local registry office, Standesamt Baden-Baden, for death certificates that are required in probate procedures. The German Civil Code provides the statutory framework for wills, compulsory shares, and probate.

Next Steps

Clarify your goals, including who should benefit, who should manage the estate, and how to protect vulnerable beneficiaries. Make a complete list of assets and debts, including any real estate in Baden-Baden and any cross-border holdings. Decide whether a handwritten will is sufficient or whether you prefer a notarial will for clarity and easier probate. Consult a lawyer for tailored advice on compulsory shares, executors, co-heir issues, and cross-border choices of law, and involve a tax advisor to assess inheritance tax implications. Consider appointing an executor and naming a guardian for minor children in your will. Arrange secure storage by depositing the will with the probate court and registering it so it can be found quickly. Inform trusted persons about the existence of your will and the location of key documents. Review your plan regularly and after life events such as marriage, divorce, the birth of a child, buying property, or moving abroad. If a death has occurred, obtain the death certificate, search for and secure any will, contact the Nachlassgericht at the Amtsgericht Baden-Baden to have the will opened, and observe the six week renunciation deadline before taking actions that imply acceptance of the inheritance.