PRACTICE AREA
Your lawyer for inheritance law in Cologne
A death sets deadlines running long before anyone knows what the estate actually contains. Most people who come to me want one of two things: an arrangement that will hold up later, or clarity in an estate that is already open. I handle both personally, from drafting the will to dividing up the community of heirs.
TOPICS
The topics in inheritance law:
where I advise you in detail
/01
Berlin Will
Drafting a joint spouses' will properly.
/02
Disclaiming an Inheritance
Deadline, form, consequences.
/03
Community of Heirs
Blocking co-heirs, dividing the estate.
/04
Compulsory Share
Pursuing claims or defending against them.
/05
Business Succession
The inheritance law side of succession.
/06
Will for a Child with a Disability
Securing assets for a child with a disability.
/07
Contesting a Will
Grounds, deadlines, prospects.
/08
Estate Administration
What has to be done after a death.
/09
Property in the Estate
Land register, value, division.
How I help you in inheritance law
Wills and contracts of inheritance
A private will has to be written and signed entirely in the testator's own hand. A printout with a signature is invalid, however clearly it states the testator's wishes. The central question is one of binding effect. A joint will or a contract of inheritance largely binds the surviving spouse, whereas a single will can be changed at any time.
With the Berlin will (Berliner Testament) there is the added point that children can claim their compulsory share as early as the first death. I draft the document, prepare the substance of the notarial appointment and check existing wills against transfer agreements, powers of attorney and life insurance policies. Contradictions between those documents reliably produce disputes later on.
Compulsory share
Anyone disinherited as a child, as a spouse or, in certain cases, as a parent is entitled to a compulsory share amounting to half of the statutory share of the estate (section 2303 German Civil Code). That entitlement is a claim for money against the heirs, not a participation in the estate itself. Everything therefore turns on the value of the estate at the date of death, and the work begins with the rights to information and to valuation.
Gifts made in the last ten years can increase the claim (section 2325 German Civil Code). I act for both sides: for those entitled to a compulsory share who need reliable figures, and for heirs faced with a claim whose basis nobody has examined.
Community of heirs and division of the estate
Where there are several heirs they form a community of heirs, and that community can only dispose of individual assets jointly. One co-heir cannot sell the inherited house alone. Blocking the sale, however, is well within their power. This structure produces the familiar deadlock: accounts are not closed, the property is not valued, one person lives in it and the others wait.
The ways out are a division agreement, the notarially recorded sale of a share in the estate, the departure of a co-heir against compensation and, as a last resort, a partition auction. I prepare the division so that what stands at the end is an agreement the land registry and the banks will also accept.
Property in the estate
In Cologne estates the greatest value often sits in a property, and that is where the practical questions begin. The land register has to be corrected, which requires proof of succession. The value has to be established reliably, otherwise every equalisation payment turns into a negotiation about feelings.
I clarify the ownership positions, obtain a valuation through my network if none exists, and work through the options: hold and let, buy out a co-heir, sell, or go to a partition auction. I point out the tax consequences; advice on them comes from a tax adviser, whom I bring in where needed.
Typical situations
01
Three siblings, one rented property in Cologne
Three siblings inherit an apartment building in Cologne. One has managed it for years without accounting for anything, the second needs money, the third wants nothing to change. The first step is then to establish the market value and to account for the rental income and the running costs since the death.
02
A disinherited child learns that the family home was transferred
After their father's death, a child discovers that the family home was transferred to a sibling years ago, subject to a right of residence for the father. What matters here is the claim to supplement the compulsory share. It turns on the valuation of the property and on whether the ten-year period ever started to run at all.
03
A married couple with a holiday home in another EU country
A married couple lives in Cologne, owns a holiday flat in Spain and made a Berlin will (Berliner Testament) back in the nineties. The will says nothing about the applicable law. Today it is habitual residence that determines succession, and the property abroad draws a second legal system into the administration.
How we work together
01
Getting in touch
You call or use the contact form and briefly describe what it is about. Only one thing matters at this point: whether a deadline is running.
02
Initial consultation
In the initial consultation, in Cologne, by video or by phone, we go through the situation. It ends with an assessment: what the legal position is, and what the next step should be.
03
Written assessment
I summarise the assessment in writing, together with the available options and their consequences. On that basis you decide whether and how far I should act.
04
Implementation
In the implementation phase I take over the correspondence with co-heirs, heirs, banks, notaries and the probate court. If proceedings become necessary, I represent you before courts throughout Germany and keep you up to date as matters develop.
Did you know?
01
The compulsory share is a claim for money
The compulsory share (Pflichtteil) amounts to half of the statutory share of the estate (section 2303 German Civil Code) and takes the form of a payment claim against the heirs. It does not make the person entitled a co-owner of a property, nor a member of the community of heirs.
02
You have six weeks to disclaim
The period starts as soon as you know of the death and of the grounds on which you are an heir (section 1944 German Civil Code), not only when the probate court writes to you. Let the period lapse and you have accepted the inheritance.
03
Gifts made in the last ten years count
Through the claim to supplement the compulsory share, gifts made during the deceased's lifetime can increase it (section 2325 German Civil Code). The longer ago the gift was made, the less it is taken into account. For gifts to a spouse, the period only begins when the marriage ends.
04
Habitual residence determines which inheritance law applies
It is not nationality that governs, but the deceased's last habitual residence (Article 21 EU Succession Regulation). Anyone who wants to change that has to make a choice of law (Article 22 EU Succession Regulation), and must do so in a disposition upon death.
Your contact in Cologne
I am Dr Hanna Schmidt, attorney at law and owner of DR. SCHMIDT LEGAL. Before setting up my own firm I spent twelve years with large national and international commercial law firms, mostly on cases involving balance sheets, company valuations and complex asset structures. Since January 2026 I have been running my own practice in Cologne.
I handle inheritance matters myself, from the first assessment through to completion. Advice in German and English, appointments Monday to Thursday from 9 am to 7 pm and Fridays until 5 pm, other times by arrangement.
YOUR QUESTIONS
Frequently asked questions
I bill by time: 280 euros plus 19% VAT per hour, but at least the statutory fees under the German Lawyers' Fees Act (RVG). There is no flat-rate short consultation. The initial consultation is also billed by time. Billing through legal expenses insurance is possible. As a rule the insurer only pays the statutory fees; you bear the difference to the hourly fee yourself.
Six weeks, counted from the point at which you know of the death and of the grounds on which you are an heir (section 1944 German Civil Code). The declaration must reach the probate court, either recorded by the court or in publicly certified form. Where there is a foreign element the period may be longer. If it lapses, the inheritance counts as accepted. Liability can be limited by way of an inventory, estate administration or estate insolvency proceedings.
The compulsory share amounts to half of the statutory share of the estate (section 2303 German Civil Code) and is a claim for money against the heirs. Two figures are needed to calculate it: your statutory share and the value of the estate at the date of death. Gifts made in the ten years before the death can increase the claim (section 2325 German Civil Code). Where property is involved, it is the valuation that determines the amount.
Not always. Where there is a notarial will, the land registry and many banks will usually accept that will together with the probate court's record of its opening. A certificate of inheritance becomes necessary above all where there is no will at all, or only a handwritten one. It is applied for at the probate court for the deceased's last place of residence, so for Cologne estates at the Cologne Local Court.
In principle the law of the state in which the deceased had their last habitual residence applies (Article 21 EU Succession Regulation). So someone living in Cologne who owns a flat in Spain will normally pass it on under German law. The EU Succession Regulation permits a choice of law: anyone holding a nationality may choose the law of that state to govern their succession (Article 22 EU Succession Regulation).
An initial consultation on inheritance law in Cologne
Tell me briefly what it is about and whether a deadline is running. I will tell you which documents I need and how I intend to proceed. Appointments at Jakordenstrasse 8 in Cologne, by video or by phone.
PRACTICE AREA
Your lawyer for inheritance law in Cologne
A death sets deadlines running long before anyone knows what the estate actually contains. Most people who come to me want one of two things: an arrangement that will hold up later, or clarity in an estate that is already open. I handle both personally, from drafting the will to dividing up the community of heirs.
TOPICS
The topics in inheritance law:
where I advise you in detail
/01
Berlin Will
Drafting a joint spouses' will properly.
/02
Disclaiming an Inheritance
Deadline, form, consequences.
/03
Community of Heirs
Blocking co-heirs, dividing the estate.
/04
Compulsory Share
Pursuing claims or defending against them.
/05
Business Succession
The inheritance law side of succession.
/06
Will for a Child with a Disability
Securing assets for a child with a disability.
/07
Contesting a Will
Grounds, deadlines, prospects.
/08
Estate Administration
What has to be done after a death.
/09
Property in the Estate
Land register, value, division.
How I help you in inheritance law
Wills and contracts of inheritance
A private will has to be written and signed entirely in the testator's own hand. A printout with a signature is invalid, however clearly it states the testator's wishes. The central question is one of binding effect. A joint will or a contract of inheritance largely binds the surviving spouse, whereas a single will can be changed at any time.
With the Berlin will (Berliner Testament) there is the added point that children can claim their compulsory share as early as the first death. I draft the document, prepare the substance of the notarial appointment and check existing wills against transfer agreements, powers of attorney and life insurance policies. Contradictions between those documents reliably produce disputes later on.
Compulsory share
Anyone disinherited as a child, as a spouse or, in certain cases, as a parent is entitled to a compulsory share amounting to half of the statutory share of the estate (section 2303 German Civil Code). That entitlement is a claim for money against the heirs, not a participation in the estate itself. Everything therefore turns on the value of the estate at the date of death, and the work begins with the rights to information and to valuation.
Gifts made in the last ten years can increase the claim (section 2325 German Civil Code). I act for both sides: for those entitled to a compulsory share who need reliable figures, and for heirs faced with a claim whose basis nobody has examined.
Community of heirs and division of the estate
Where there are several heirs they form a community of heirs, and that community can only dispose of individual assets jointly. One co-heir cannot sell the inherited house alone. Blocking the sale, however, is well within their power. This structure produces the familiar deadlock: accounts are not closed, the property is not valued, one person lives in it and the others wait.
The ways out are a division agreement, the notarially recorded sale of a share in the estate, the departure of a co-heir against compensation and, as a last resort, a partition auction. I prepare the division so that what stands at the end is an agreement the land registry and the banks will also accept.
Property in the estate
In Cologne estates the greatest value often sits in a property, and that is where the practical questions begin. The land register has to be corrected, which requires proof of succession. The value has to be established reliably, otherwise every equalisation payment turns into a negotiation about feelings.
I clarify the ownership positions, obtain a valuation through my network if none exists, and work through the options: hold and let, buy out a co-heir, sell, or go to a partition auction. I point out the tax consequences; advice on them comes from a tax adviser, whom I bring in where needed.
Typical situations
01
Three siblings, one rented property in Cologne
Three siblings inherit an apartment building in Cologne. One has managed it for years without accounting for anything, the second needs money, the third wants nothing to change. The first step is then to establish the market value and to account for the rental income and the running costs since the death.
02
A disinherited child learns that the family home was transferred
After their father's death, a child discovers that the family home was transferred to a sibling years ago, subject to a right of residence for the father. What matters here is the claim to supplement the compulsory share. It turns on the valuation of the property and on whether the ten-year period ever started to run at all.
03
A married couple with a holiday home in another EU country
A married couple lives in Cologne, owns a holiday flat in Spain and made a Berlin will (Berliner Testament) back in the nineties. The will says nothing about the applicable law. Today it is habitual residence that determines succession, and the property abroad draws a second legal system into the administration.
How we work together
01
Getting in touch
You call or use the contact form and briefly describe what it is about. Only one thing matters at this point: whether a deadline is running.
02
Initial consultation
In the initial consultation, in Cologne, by video or by phone, we go through the situation. It ends with an assessment: what the legal position is, and what the next step should be.
03
Written assessment
I summarise the assessment in writing, together with the available options and their consequences. On that basis you decide whether and how far I should act.
04
Implementation
In the implementation phase I take over the correspondence with co-heirs, heirs, banks, notaries and the probate court. If proceedings become necessary, I represent you before courts throughout Germany and keep you up to date as matters develop.
Did you know?
01
The compulsory share is a claim for money
The compulsory share (Pflichtteil) amounts to half of the statutory share of the estate (section 2303 German Civil Code) and takes the form of a payment claim against the heirs. It does not make the person entitled a co-owner of a property, nor a member of the community of heirs.
02
You have six weeks to disclaim
The period starts as soon as you know of the death and of the grounds on which you are an heir (section 1944 German Civil Code), not only when the probate court writes to you. Let the period lapse and you have accepted the inheritance.
03
Gifts made in the last ten years count
Through the claim to supplement the compulsory share, gifts made during the deceased's lifetime can increase it (section 2325 German Civil Code). The longer ago the gift was made, the less it is taken into account. For gifts to a spouse, the period only begins when the marriage ends.
04
Habitual residence determines which inheritance law applies
It is not nationality that governs, but the deceased's last habitual residence (Article 21 EU Succession Regulation). Anyone who wants to change that has to make a choice of law (Article 22 EU Succession Regulation), and must do so in a disposition upon death.
Your contact in Cologne
I am Dr Hanna Schmidt, attorney at law and owner of DR. SCHMIDT LEGAL. Before setting up my own firm I spent twelve years with large national and international commercial law firms, mostly on cases involving balance sheets, company valuations and complex asset structures. Since January 2026 I have been running my own practice in Cologne.
I handle inheritance matters myself, from the first assessment through to completion. Advice in German and English, appointments Monday to Thursday from 9 am to 7 pm and Fridays until 5 pm, other times by arrangement.
YOUR QUESTIONS
Frequently asked questions
I bill by time: 280 euros plus 19% VAT per hour, but at least the statutory fees under the German Lawyers' Fees Act (RVG). There is no flat-rate short consultation. The initial consultation is also billed by time. Billing through legal expenses insurance is possible. As a rule the insurer only pays the statutory fees; you bear the difference to the hourly fee yourself.
Six weeks, counted from the point at which you know of the death and of the grounds on which you are an heir (section 1944 German Civil Code). The declaration must reach the probate court, either recorded by the court or in publicly certified form. Where there is a foreign element the period may be longer. If it lapses, the inheritance counts as accepted. Liability can be limited by way of an inventory, estate administration or estate insolvency proceedings.
The compulsory share amounts to half of the statutory share of the estate (section 2303 German Civil Code) and is a claim for money against the heirs. Two figures are needed to calculate it: your statutory share and the value of the estate at the date of death. Gifts made in the ten years before the death can increase the claim (section 2325 German Civil Code). Where property is involved, it is the valuation that determines the amount.
Not always. Where there is a notarial will, the land registry and many banks will usually accept that will together with the probate court's record of its opening. A certificate of inheritance becomes necessary above all where there is no will at all, or only a handwritten one. It is applied for at the probate court for the deceased's last place of residence, so for Cologne estates at the Cologne Local Court.
In principle the law of the state in which the deceased had their last habitual residence applies (Article 21 EU Succession Regulation). So someone living in Cologne who owns a flat in Spain will normally pass it on under German law. The EU Succession Regulation permits a choice of law: anyone holding a nationality may choose the law of that state to govern their succession (Article 22 EU Succession Regulation).
An initial consultation on inheritance law in Cologne
Tell me briefly what it is about and whether a deadline is running. I will tell you which documents I need and how I intend to proceed. Appointments at Jakordenstrasse 8 in Cologne, by video or by phone.
PRACTICE AREA
Your lawyer for inheritance law in Cologne
A death sets deadlines running long before anyone knows what the estate actually contains. Most people who come to me want one of two things: an arrangement that will hold up later, or clarity in an estate that is already open. I handle both personally, from drafting the will to dividing up the community of heirs.
TOPICS
The topics in inheritance law:
where I advise you in detail
/01
Berlin Will
Drafting a joint spouses' will properly.
/02
Disclaiming an Inheritance
Deadline, form, consequences.
/03
Community of Heirs
Blocking co-heirs, dividing the estate.
/04
Compulsory Share
Pursuing claims or defending against them.
/05
Business Succession
The inheritance law side of succession.
/06
Will for a Child with a Disability
Securing assets for a child with a disability.
/07
Contesting a Will
Grounds, deadlines, prospects.
/08
Estate Administration
What has to be done after a death.
/09
Property in the Estate
Land register, value, division.
How I help you in inheritance law
Wills and contracts of inheritance
A private will has to be written and signed entirely in the testator's own hand. A printout with a signature is invalid, however clearly it states the testator's wishes. The central question is one of binding effect. A joint will or a contract of inheritance largely binds the surviving spouse, whereas a single will can be changed at any time.
With the Berlin will (Berliner Testament) there is the added point that children can claim their compulsory share as early as the first death. I draft the document, prepare the substance of the notarial appointment and check existing wills against transfer agreements, powers of attorney and life insurance policies. Contradictions between those documents reliably produce disputes later on.
Compulsory share
Anyone disinherited as a child, as a spouse or, in certain cases, as a parent is entitled to a compulsory share amounting to half of the statutory share of the estate (section 2303 German Civil Code). That entitlement is a claim for money against the heirs, not a participation in the estate itself. Everything therefore turns on the value of the estate at the date of death, and the work begins with the rights to information and to valuation.
Gifts made in the last ten years can increase the claim (section 2325 German Civil Code). I act for both sides: for those entitled to a compulsory share who need reliable figures, and for heirs faced with a claim whose basis nobody has examined.
Community of heirs and division of the estate
Where there are several heirs they form a community of heirs, and that community can only dispose of individual assets jointly. One co-heir cannot sell the inherited house alone. Blocking the sale, however, is well within their power. This structure produces the familiar deadlock: accounts are not closed, the property is not valued, one person lives in it and the others wait.
The ways out are a division agreement, the notarially recorded sale of a share in the estate, the departure of a co-heir against compensation and, as a last resort, a partition auction. I prepare the division so that what stands at the end is an agreement the land registry and the banks will also accept.
Property in the estate
In Cologne estates the greatest value often sits in a property, and that is where the practical questions begin. The land register has to be corrected, which requires proof of succession. The value has to be established reliably, otherwise every equalisation payment turns into a negotiation about feelings.
I clarify the ownership positions, obtain a valuation through my network if none exists, and work through the options: hold and let, buy out a co-heir, sell, or go to a partition auction. I point out the tax consequences; advice on them comes from a tax adviser, whom I bring in where needed.
Typical situations
01
Three siblings, one rented property in Cologne
Three siblings inherit an apartment building in Cologne. One has managed it for years without accounting for anything, the second needs money, the third wants nothing to change. The first step is then to establish the market value and to account for the rental income and the running costs since the death.
02
A disinherited child learns that the family home was transferred
After their father's death, a child discovers that the family home was transferred to a sibling years ago, subject to a right of residence for the father. What matters here is the claim to supplement the compulsory share. It turns on the valuation of the property and on whether the ten-year period ever started to run at all.
03
A married couple with a holiday home in another EU country
A married couple lives in Cologne, owns a holiday flat in Spain and made a Berlin will (Berliner Testament) back in the nineties. The will says nothing about the applicable law. Today it is habitual residence that determines succession, and the property abroad draws a second legal system into the administration.
How we work together
01
Getting in touch
You call or use the contact form and briefly describe what it is about. Only one thing matters at this point: whether a deadline is running.
02
Initial consultation
In the initial consultation, in Cologne, by video or by phone, we go through the situation. It ends with an assessment: what the legal position is, and what the next step should be.
03
Written assessment
I summarise the assessment in writing, together with the available options and their consequences. On that basis you decide whether and how far I should act.
04
Implementation
In the implementation phase I take over the correspondence with co-heirs, heirs, banks, notaries and the probate court. If proceedings become necessary, I represent you before courts throughout Germany and keep you up to date as matters develop.
Did you know?
01
The compulsory share is a claim for money
The compulsory share (Pflichtteil) amounts to half of the statutory share of the estate (section 2303 German Civil Code) and takes the form of a payment claim against the heirs. It does not make the person entitled a co-owner of a property, nor a member of the community of heirs.
02
You have six weeks to disclaim
The period starts as soon as you know of the death and of the grounds on which you are an heir (section 1944 German Civil Code), not only when the probate court writes to you. Let the period lapse and you have accepted the inheritance.
03
Gifts made in the last ten years count
Through the claim to supplement the compulsory share, gifts made during the deceased's lifetime can increase it (section 2325 German Civil Code). The longer ago the gift was made, the less it is taken into account. For gifts to a spouse, the period only begins when the marriage ends.
04
Habitual residence determines which inheritance law applies
It is not nationality that governs, but the deceased's last habitual residence (Article 21 EU Succession Regulation). Anyone who wants to change that has to make a choice of law (Article 22 EU Succession Regulation), and must do so in a disposition upon death.
Your contact in Cologne
I am Dr Hanna Schmidt, attorney at law and owner of DR. SCHMIDT LEGAL. Before setting up my own firm I spent twelve years with large national and international commercial law firms, mostly on cases involving balance sheets, company valuations and complex asset structures. Since January 2026 I have been running my own practice in Cologne.
I handle inheritance matters myself, from the first assessment through to completion. Advice in German and English, appointments Monday to Thursday from 9 am to 7 pm and Fridays until 5 pm, other times by arrangement.
YOUR QUESTIONS
Frequently asked questions
I bill by time: 280 euros plus 19% VAT per hour, but at least the statutory fees under the German Lawyers' Fees Act (RVG). There is no flat-rate short consultation. The initial consultation is also billed by time. Billing through legal expenses insurance is possible. As a rule the insurer only pays the statutory fees; you bear the difference to the hourly fee yourself.
Six weeks, counted from the point at which you know of the death and of the grounds on which you are an heir (section 1944 German Civil Code). The declaration must reach the probate court, either recorded by the court or in publicly certified form. Where there is a foreign element the period may be longer. If it lapses, the inheritance counts as accepted. Liability can be limited by way of an inventory, estate administration or estate insolvency proceedings.
The compulsory share amounts to half of the statutory share of the estate (section 2303 German Civil Code) and is a claim for money against the heirs. Two figures are needed to calculate it: your statutory share and the value of the estate at the date of death. Gifts made in the ten years before the death can increase the claim (section 2325 German Civil Code). Where property is involved, it is the valuation that determines the amount.
Not always. Where there is a notarial will, the land registry and many banks will usually accept that will together with the probate court's record of its opening. A certificate of inheritance becomes necessary above all where there is no will at all, or only a handwritten one. It is applied for at the probate court for the deceased's last place of residence, so for Cologne estates at the Cologne Local Court.
In principle the law of the state in which the deceased had their last habitual residence applies (Article 21 EU Succession Regulation). So someone living in Cologne who owns a flat in Spain will normally pass it on under German law. The EU Succession Regulation permits a choice of law: anyone holding a nationality may choose the law of that state to govern their succession (Article 22 EU Succession Regulation).
An initial consultation on inheritance law in Cologne
Tell me briefly what it is about and whether a deadline is running. I will tell you which documents I need and how I intend to proceed. Appointments at Jakordenstrasse 8 in Cologne, by video or by phone.