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Writing a last will and testament in Kitzingen is governed by German civil law, primarily the Bürgerliches Gesetzbuch. You can make a valid will either by handwriting it entirely yourself, dating it, and signing it, or by declaring it before a notary who records it. If there is no valid will, statutory succession rules decide who inherits. The probate court, called the Nachlassgericht, is the department of the local district court that handles estate matters. For residents of Kitzingen, the competent Nachlassgericht is typically the Amtsgericht Kitzingen.
German law also allows a joint will for spouses known as a Berliner Testament, as well as an inheritance contract which is a binding agreement about succession made before a notary. Close relatives have compulsory share rights called Pflichtteil, which can limit how far a person can disinherit family. In addition, the European Succession Regulation may apply if there are cross border elements, such as a foreign nationality or assets in other countries.
You may need a lawyer if your family situation is complex, such as blended families, estranged relatives, or dependents with special needs. A lawyer can help structure a will that protects a spouse and children while managing Pflichtteil risks and potential disputes. If you own a business, real estate, or significant investments, professional drafting can prevent tax inefficiencies and ensure a smooth transition of management and voting rights.
Cross border issues often require legal guidance. If you are not a German citizen, have lived abroad, or own assets in another country, the choice of law and probate procedures can be optimized in your will to avoid fragmentation. A lawyer can also assist with planning for a family member with disabilities, the appointment and powers of an executor, guardianship instructions for minors, and trust like arrangements under German law such as usufruct or conditions and bequests.
After a death, heirs may need legal help to decide whether to accept or disclaim an inheritance, to apply for the certificate of inheritance called an Erbschein, to limit liability for estate debts, or to defend or assert compulsory share claims. Legal advice is also helpful in negotiating settlements among heirs and coordinating with the notary and the tax office on inheritance tax matters.
Form requirements are strict. A handwritten will must be entirely written by hand by the testator, include the place and date, and be signed with their name. Typed or printed text is not valid without notarization. A notarial will is prepared or recorded by a notary after verifying identity and capacity, and it is registered for safekeeping. Wills can be kept in official custody, which leads to registration in the Central Register of Wills maintained by the Federal Chamber of Notaries. On death, the civil registry informs the register so the Nachlassgericht can open the will.
Statutory succession applies if there is no will. It prioritizes descendants, then parents and their descendants, then grandparents and beyond. The spouse shares based on the marital property regime. Under the default regime of Zugewinngemeinschaft, the spouse receives a share that includes an extra quarter for the marital accrual. If there are children, the spouse and children share the estate, with the spouse typically receiving one half under the default regime and the children sharing the remainder equally.
Compulsory shares protect close relatives. Children, and if there are no children then parents, as well as the spouse, are entitled to a monetary claim equal to half of their statutory share if they are disinherited. This is a cash claim against the heirs and can be significant. Careful planning with staged inheritances, bequests, and usufruct can reduce liquidity stress while honoring these rights.
Spousal joint wills are common. A Berliner Testament often makes the surviving spouse the sole heir first, with children as final heirs after the second death. This can offer security for the survivor but may trigger compulsory share claims by children after the first death. Binding clauses can limit later changes by the survivor, so it is essential to plan flexibility and tax implications.
Probate proceedings are handled by the Nachlassgericht. Heirs may need an Erbschein to prove inheritance to banks and land registries, unless a notarial will with a record of opening suffices. Applications require death certificates and proof of family relationships. Heirs can limit personal liability for estate debts by managing the estate prudently and using court supervised measures where necessary.
Inheritance tax applies based on the relationship to the deceased, the value received, and allowances. As a general guide, spouses have a large allowance, children also have a significant allowance, and more distant relatives have lower allowances and face higher tax rates. Real estate valuations and business assets have specific rules. The tax office competent for the deceased’s last residence handles the assessment.
Time limits matter. A person who wishes to disclaim an inheritance typically must do so within 6 weeks of learning about the inheritance and the reason for it, or 6 months if they were abroad. Most monetary claims, including compulsory share claims, are subject to a 3 year limitation period starting at the end of the year in which the claimant knew of the death and their position.
A will is valid if it is either fully handwritten by the testator, dated, and signed, or executed before a notary who records it. Capacity is required, meaning the testator must understand the nature and consequences of the document. Typed or digital documents are not valid unless notarized. Witnesses are not required for a handwritten will, and should not write on it.
No, a handwritten will is sufficient if it meets all formal requirements. Many people still choose a notarial will because a notary checks capacity and identity, ensures clear wording, arranges official safekeeping, and the document can simplify probate. Complex estates, joint wills, and inheritance contracts must be notarized.
It is a joint will made by spouses. Typically, each spouse leaves everything to the other first, and after the second death the children inherit. It offers simplicity and protection for the surviving spouse. However, children can still have compulsory share claims after the first death, and the joint will often becomes binding, limiting the survivor’s ability to change it. Professional advice helps avoid unintended tax and flexibility issues.
The Pflichtteil is a compulsory share claim in money by close relatives who are excluded or receive less than their minimum. It equals half of the statutory share and is payable by the heirs. Beneficiaries can request information and valuations to calculate the claim. It cannot be eliminated unilaterally, though it can be reduced in rare cases or waived by notarized agreement.
Descendants inherit first with the spouse sharing alongside them. If there are no descendants, the spouse shares with the deceased’s parents and their descendants. The marital property regime affects the spouse’s share, and under the common regime the spouse’s share is increased. If there are no close relatives, more distant relatives inherit according to degrees of kinship, and if no eligible heirs exist, the state inherits.
You can appoint an executor, called a Testamentsvollstrecker, in your will. The executor carries out the instructions in the will, settles debts, distributes assets, and can manage the estate for a period if the will so provides. This is useful where heirs are minors, there are disputes, or a business must be managed. You can name a trusted person or a professional.
After death, the Nachlassgericht opens any found or registered will. Heirs can apply for an Erbschein to prove their status to banks and the land registry, unless a notarial will plus the court’s opening record suffices. The court examines the will and family documents. If there is a dispute, the court may hold hearings. A lawyer can prepare the application, coordinate with the notary, and represent you in complex cases.
If the estate is overindebted or for other reasons, an heir may disclaim the inheritance. The declaration must be made at the Nachlassgericht or before a notary and is subject to a strict deadline of 6 weeks from when you learn of the inheritance and the reason for it, or 6 months if you were abroad. Disclaimers are irrevocable and affect descendants, so get advice first.
Inheritance tax is assessed on each recipient. Spouses have a high allowance, children have a substantial allowance, grandchildren have a lower allowance, and more distant relatives and unrelated persons have small allowances and higher rates. Real estate and business assets have special rules. The tax office where the deceased last lived handles the process. Early planning and notarial structuring can reduce tax and liquidity pressure.
Yes. The European Succession Regulation generally applies the law of the deceased’s habitual residence to the worldwide estate, with an option to choose the law of one’s nationality in the will. This can be crucial for non German citizens in Kitzingen or for Germans living abroad. A lawyer can draft a clear choice of law clause and align it with property and tax consequences.
No. A last will governs what happens to your estate after death. A living will, called a Patientenverfügung, sets medical treatment preferences, and a Vorsorgevollmacht authorizes someone to act for you while alive. These documents complement your estate plan and should be coordinated but they serve different purposes.
Amtsgericht Kitzingen, Nachlassgericht for probate matters in the Kitzingen area.
Stadt Kitzingen Standesamt for death certificates and notifications to the Central Register of Wills.
Notarkammer Bayern for information about Bavarian notaries and notarial wills.
Bundesnotarkammer and the Zentrales Testamentsregister for registration and official safekeeping of wills.
Finanzamt Kitzingen for inheritance tax filings and assessments.
Bayerisches Staatsministerium der Justiz for general guidance on succession law and court procedures.
Verbraucherzentrale Bayern for consumer information on wills, powers of attorney, and inheritance rights.
Rechtsanwaltskammer Bamberg as the regional bar association for lawyer referrals in the wider region that includes Kitzingen.
Clarify your goals. Decide who should inherit, who should be protected, and what risks to address such as family conflict, business continuity, or beneficiaries with special needs. Consider whether a joint will for spouses or an inheritance contract fits your situation, and whether to appoint an executor or provide guardianship guidance for minors.
List your assets and family details. Prepare an asset statement covering real estate, bank accounts, insurance, business interests, and digital assets, along with a family tree noting marriage regime, previous marriages, and stepchildren. This helps a lawyer or notary give precise advice and draft accurately.
Choose the right form. For straightforward wishes, a carefully prepared handwritten will can suffice. For complex estates or to avoid formal mistakes, arrange a notarial will and official safekeeping. Consider a choice of law clause if there is any cross border element.
Plan for taxes and liquidity. Ask about the effect of allowances, tax classes, and valuations. Plan cash resources to satisfy compulsory shares and taxes without forced sales. Notarial structuring such as bequests, usufruct, or staged transfers can help.
Coordinate lifetime documents. Prepare a health care directive and a durable power of attorney so that someone you trust can act for you if needed. Keep these documents with your will instructions but do not staple or physically attach them to the will.
Store and register. Keep a handwritten will in official custody at the court or through a notary so it is registered and found quickly. Tell your executor or a trusted person that a will exists and where it is kept.
Seek professional help. Contact a lawyer experienced in succession law in Kitzingen for tailored advice and representation, and involve a Bavarian notary for notarial wills or inheritance contracts. If a death has already occurred, seek advice promptly about accepting or disclaiming, applying for an Erbschein, and protecting against estate debts.
Review regularly. Update your will after major life events such as marriage, divorce, birth of a child, acquisition or sale of a business, or relocation across borders. A periodic review, for example every three to five years, keeps your plan aligned with your life and the law.
