Best Will & Testament Lawyers in Parchim

About Will & Testament Law in Parchim, Germany

In Germany, inheritance law is set by federal law in the German Civil Code, called Bürgerliches Gesetzbuch or BGB. This means the core rules for wills, heirs, and estates are the same in Parchim as in the rest of Germany. Local practice still matters because the local probate court in Parchim, called the Nachlassgericht at the Amtsgericht Parchim, handles filings, will openings, heir certificates, and various deadlines. You can make a handwritten will or a notarial will. Many families also use a joint spousal will known as a Berliner Testament.

German law provides strong protection for close family members through mandatory shares called Pflichtteil. If you own real estate, a business, or have a blended family, careful planning is important to avoid conflict, unexpected tax, and delays. If someone dies in Parchim, heirs usually deal with the Nachlassgericht where the person last lived. If there is cross border property or non German citizenship, European and international rules can apply.

Why You May Need a Lawyer

You may need a lawyer for several common situations. If you want to draft a will that fits a blended family, protects a spouse, or includes stepchildren, legal help ensures it is valid and practical. If you wish to disinherit someone or control when children receive assets, a lawyer can structure this while managing Pflichtteil risks. If you own real estate or a business in the Parchim area, professional planning can avoid forced sales and resolve shareholder issues.

After a death, you may need help applying for an heir certificate called Erbschein, interpreting a will, or resolving disputes among co heirs known as Erbengemeinschaft. If the estate has debts, a lawyer can help limit heir liability with measures like estate administration or estate insolvency. In cross border cases, for example if the deceased owned property outside Germany or had a non German habitual residence, a lawyer can coordinate the EU Succession Regulation and any applicable foreign law. You may also want advice on inheritance tax and allowances.

Local Laws Overview

Types of wills. A handwritten will, called eigenhändiges Testament under section 2247 BGB, must be fully handwritten and signed. Stating place and date is strongly recommended. A notarial will, called öffentliches Testament under section 2232 BGB, is made before a notary and is usually deposited and registered. Spouses often make a joint will, commonly a Berliner Testament, naming the surviving spouse as first heir and children as final heirs after the second death.

Intestacy. If there is no will, statutory succession applies. Descendants inherit first with the spouse. In the default marital property regime called Zugewinngemeinschaft, the spouse receives one half if descendants exist, and the descendants share the other half equally. If there are no descendants but parents or their descendants exist, the spouse receives three quarters and the rest goes to that family line. If none of those exist, the spouse inherits everything.

Mandatory share. Children, the spouse, and sometimes parents have a Pflichtteil if they would have inherited under intestacy but were excluded or received less than their mandatory share. The Pflichtteil is a cash claim equal to half of the statutory share. This cannot be removed easily. It can sometimes be waived by contract before a notary.

Heir certificate and probate practice. Germany does not have probate in the common law sense. Heirs often prove their position with an Erbschein issued by the Nachlassgericht. If there is a notarial will with an opening record, banks and land registry may accept that instead. The Nachlassgericht at the Amtsgericht Parchim is responsible if the deceased last lived in its district.

Time limits and renunciation. Heirs inherit both assets and debts. An heir may renounce, called Ausschlagung, within 6 weeks after learning of the inheritance and the reason for entitlement. If the deceased lived abroad or the heir is abroad, the period is 6 months. Renunciation must be declared at the Nachlassgericht or before a notary. To limit liability, heirs can use estate administration or estate insolvency procedures.

Real estate. Transfers of property are recorded at the local land registry called Grundbuchamt, usually at the Amtsgericht. A notarial deed is required to update ownership. An Erbschein or a notarial will with opening protocol will be needed by the Grundbuchamt.

Taxes. Inheritance tax applies under the German Inheritance and Gift Tax Act. Allowances include 500,000 euros for a spouse, 400,000 euros for each child, and 200,000 euros for each grandchild. Tax rates depend on tax class and value. Local tax offices in Mecklenburg Vorpommern handle filings. Legal and tax advice is often coordinated.

Cross border rules. The EU Succession Regulation usually applies the law of the deceaseds last habitual residence to the whole estate unless a valid choice of law for the persons nationality was made. The European Certificate of Succession can help heirs prove their status across member states. Special rules can apply to immovable property and to non EU countries.

Frequently Asked Questions

What types of wills are valid in Parchim and throughout Germany

Two main types are used. A handwritten will that is entirely written and signed by the testator, and a notarial will prepared and executed before a notary. Spouses may also make a joint will, often the Berliner Testament. Each option has different formalities and evidentiary strength. Notarial wills are harder to challenge and are automatically registered.

Do I need a notary for my will

No. A handwritten will is valid without a notary if it meets formalities. However, a notarial will can prevent formal mistakes, is stored safely, is registered, and often avoids the need for an Erbschein for banks and the land registry.

Who inherits if there is no will

Statutory succession applies. Children and the spouse inherit first. In the default marital regime, the spouse receives one half if there are descendants, with the rest divided among the children. If there are no descendants, the spouse receives three quarters if parents or their descendants exist, or everything if not.

What is the Pflichtteil and can I disinherit a child

The Pflichtteil is a cash claim equal to half of the statutory share for close relatives such as children and the spouse. You can reduce a childs share in a will, but the child can still claim the Pflichtteil from the heirs after death. Full disinheritance is only possible in very narrow cases defined by law or through a notarial waiver signed by the child during your lifetime.

What is an Erbschein and when do I need one

An Erbschein is an heir certificate issued by the Nachlassgericht that proves who the heirs are and their shares. It is often needed to access bank accounts, manage real estate, and deal with institutions. If there is a notarial will with an opening record, some institutions will accept that instead of an Erbschein.

How and when can I renounce an inheritance

You can renounce at the Nachlassgericht or before a notary. The period is 6 weeks from when you learn of your entitlement and the reason for it. It is 6 months if the deceased lived abroad or you were abroad when you learned of it. Renunciation is final and covers your descendants unless they have their own entitlement.

What if the estate has debts

Heirs are generally liable for estate debts. You can limit liability by timely applying for estate administration or estate insolvency. You can also renounce within the deadline. Seek advice quickly to avoid personal liability.

How does a Berliner Testament work

Spouses name each other as sole heirs on the first death and the children as final heirs after the second death. This protects the survivor but may trigger Pflichtteil claims by children after the first death. Couples often use clauses to discourage such claims and plan for tax and remarriage scenarios.

Will my foreign will be recognized in Parchim

Often yes, if the will complied with the formal law of the place where it was made, your nationality, or your residence at that time. Substantive rules like Pflichtteil still apply if German law governs the succession. A review by a German notary or lawyer is recommended to avoid problems with the land registry and banks.

What taxes apply to inheritances

Inheritance tax may apply. Spouses have a 500,000 euro allowance, children 400,000 euros, grandchildren 200,000 euros. Amounts above allowances are taxed at progressive rates depending on the relationship and value. Certain home and business reliefs can apply. File with the responsible tax office in Mecklenburg Vorpommern and seek advice early.

Additional Resources

Amtsgericht Parchim - Nachlassgericht. Handles will openings, heir certificates, renunciations, and estate procedures for persons who last lived in its district.

Grundbuchamt at the Amtsgericht. Processes changes of ownership for real estate in the land register after death.

Standesamt Parchim. Issues death certificates, which are required for most estate steps.

Zentrales Testamentsregister of the Bundesnotarkammer. Central register for notarial wills and will deposits, checked by the court after a death.

Notarkammer Mecklenburg Vorpommern. Provides information about notaries who can prepare and deposit wills and handle real estate transfers.

Rechtsanwaltskammer Mecklenburg Vorpommern. Directory of lawyers, including those focused on inheritance law.

Verbraucherzentrale Mecklenburg Vorpommern. General consumer guidance on wills, powers of attorney, and inheritance topics.

Local tax office in Mecklenburg Vorpommern. Guidance and forms for inheritance tax declarations and valuations.

Next Steps

Clarify your goals. Decide who should inherit, who should manage the estate, and how to protect your spouse, children, or a family business. Consider digital assets and personal items.

Collect documents. Gather ID documents, marriage and birth certificates, property deeds, company documents, bank and insurance statements, and any existing wills or contracts.

Choose the right will form. For straightforward wishes, a carefully drafted handwritten will may be sufficient. For real estate, complex families, or tax planning, consult a notary or lawyer for a notarial will.

Coordinate with professionals. In Parchim, contact a local inheritance lawyer for strategy and a notary for execution and deposit. Ask about registering your will and safeguarding the original.

Plan for incapacity. Consider a durable power of attorney called Vorsorgevollmacht and a health care directive called Patientenverfügung to manage affairs during life.

After a death, act within deadlines. Notify the Nachlassgericht for will opening, obtain death certificates, decide promptly about renunciation, and apply for an Erbschein if needed. Inform banks and insurers, and secure property.

This guide is informational and not a substitute for legal advice. For tailored advice in Parchim, consult a lawyer or notary who practices inheritance law in Mecklenburg Vorpommern.