INTERNATIONAL INHERITANCE LAW
Cross-border estate administration: proof of succession and deadlines
Where an estate spans two states, the bottleneck is almost never the applicable inheritance law but the proof of succession: which document the bank abroad accepts and which one the land registry here requires. I am Dr Hanna Schmidt, attorney at law at DR. SCHMIDT LEGAL, and I handle the administration of such estates myself, throughout Germany, in German and in English.
Proof of succession decides the pace of the administration
Which inheritance law applies to the estate is determined within the European Union by the deceased's last habitual residence (Article 21 EU Succession Regulation), not by their nationality. For the administration that question is only the preliminary one. After it the work begins, and it consists of documents.
Being an heir and being able to prove it are not the same thing. Every body holding something has its own list: the bank in one state, the land or company register in a second, the insurer in a third. Anyone who does not ask in advance what is on those lists applies for the wrong document and starts again.
German certificate of inheritance or European Certificate of Succession
The German certificate of inheritance is the usual document for use within Germany. Abroad it is a foreign document: it has to be translated and, depending on the state, carry an apostille. The European Certificate of Succession under Articles 62 et seq. of the EU Succession Regulation takes effect in all bound member states without any further procedure. It does not replace the certificate of inheritance and is not compulsory.
Three things decide the timetable in practice. What is issued are not originals but certified copies with a limited period of validity. In Denmark, in Ireland and in third states the certificate has no effect. And which body accepts which document is a question, not an assumption: before filing I ask in writing which document is required and in what form.
Apostille, legalisation and certified translations
Public documents crossing a border frequently need proof of authenticity. Within the scope of the 1961 Hague Convention that is the apostille, issued by a body in the state of origin. Where the document comes from a state that is not party to the Convention, legalisation through the consular representation is required, and that takes time.
Foreign-language documents produced in Germany need a certified translation by a translator authorised in Germany. Conversely, the receiving state's requirements apply. A translation prepared by a family member is regularly rejected. Anyone who obtains several certified copies of each document saves themselves a second trip to the authorities.
Foreign banks: where the administration gets stuck
The account abroad is the most common reason why an administration comes to a standstill. Typical requirements of a foreign bank: their own form, a tax number of that state for every heir, production of the original in person, a signature from all heirs, or proof issued under the law of that country.
Some legal systems do not know the community of heirs in its German form. The consequence is the same: the account is frozen while running costs continue. What helps is an early written enquiry in the local language with a list of the documents available and a request to confirm their own list of requirements. That enquiry is quickly done and often saves months.
Property abroad and the local register
With property it is the state where it lies that decides. Its register determines which document it accepts for a transfer, whether a local notary has to be involved, whether every heir needs a local tax number, and whether tax has to be paid before the transfer. Until that is clarified the property can neither be sold nor charged.
For a property in Germany there is a concrete advantage. No fee is charged for registering the heirs of the registered owner if the application reaches the land registry within two years of the death (no. 14110 of the schedule to the German Court and Notary Costs Act, note); after that it falls due. With international estates those two years pass faster than expected.
Powers of attorney: who may speak for the heirs
A power of attorney from the deceased that continues beyond death can shorten the administration considerably, because it allows access before succession has been proved. Abroad, however, it is often not accepted unless it exists in the form required there, and some bodies insist on an apostille or on a document from a notary of their own state.
Within a community of heirs a power of attorney from the co-heirs matters: externally, one voice should speak. Four heirs writing separately to four banks produce four file numbers, four case handlers and four lists of requirements that contradict each other. I have myself authorised, conduct the correspondence in one bundle and, where necessary, grant sub-authority to colleagues abroad.
Deadlines run in parallel, and one is the most important
The period for disclaiming is six weeks under section 1944 German Civil Code. It is six months where the deceased's last residence was exclusively abroad or the heir is abroad when the period begins. The period starts with knowledge of the inheritance and of the grounds for being called to it, so not automatically on the date of death.
Six months sounds generous. It is not, because within that time the decision has to be made and a disclaimer from abroad has to have reached the German probate court, and that requires an overview of assets and debts in several states. A disclaimer also covers the estate as a whole. Other deadlines run on independently alongside. That is why my files start with a list of deadlines and only then everything else.
Inheritance tax in two states: a pointer, not advice
Inheritance law and tax law run separately where there is a foreign element, and taxation in two states is possible. Why that is so and what it turns on is set out on the page about the EU Succession Regulation.
For the administration what matters above all is timing. I identify the interface before anything is sold, transferred or distributed, and bring in your tax adviser or a specialist from my network. I do not provide tax advice or tax calculations myself.
What delays an administration abroad by months
01
Every heir acts for themselves
One child writes to the bank in Spain, the second applies for a certificate of inheritance in Germany, the third has documents translated. What is left at the end are three files, three lists of requirements and doubled costs, and none of the steps matches what the office abroad actually demands.
02
The period for disclaiming is miscalculated
Counted as six weeks although the conditions for six months are met, or relied on as six months although they are not. In the first case decisions are taken under time pressure; in the second the period has expired and the estate has been accepted together with its debts.
03
Documents arrive without an apostille and without a translation
Copies instead of certified copies, translations by a family member, a missing apostille. The office comes back with queries, the matter sits for weeks, and obtaining documents abroad often takes months. Where documents have a limited period of validity, the copy expires in the meantime.
04
The frozen account becomes a permanent state
The bank abroad answers evasively, nobody follows up, and the heirs wait. Running costs for a property in the same state are no longer met, arrears build up, and in extreme cases enforcement threatens against an asset worth many times the arrears.
05
Disclaiming without an overview of the foreign assets
The estate looks over-indebted because only the German part is known. Disclaiming then turns out to have been a mistake, because assets lay abroad that nobody had recorded. Challenging that is laborious and does not always succeed.
How I proceed
01
Taking stock by country, deadlines first
I record where the deceased lived, who the heirs are and what lies in which state. From that it follows immediately which deadlines are running, above all the one for disclaiming.
02
Choosing and applying for the proof of succession
Only then is it decided which document is needed: a German certificate of inheritance, a European Certificate of Succession, proof under the law of a third state, or a combination.
03
Assembling the documents and planning the order
The death certificate, civil status certificates, the will or contract of inheritance, evidence of residence, plus apostilles and certified translations. I tell you what you obtain, what I obtain, and in what order, so that nothing expires.
04
Writing to bodies at home and abroad, bundling the correspondence
Banks, registers, insurers and probate courts are written to from one place, in German or in English, with deadlines and diary dates. You receive the current position as an overview.
A typical situation
01
The situation
The deceased held German nationality and spent their last years mainly in another EU state, where a flat and an account are also located. In Germany there is a let flat and a securities portfolio. The heirs are two siblings, one of them abroad.
02
The order of steps
The work begins with the deadlines and with the question whether the estate should be accepted. In parallel it is clarified which proof is required where: a European Certificate of Succession for the bank and the register in the other member state, a certificate of inheritance for the land registry and the securities portfolio in Germany. The division comes last.
Office in Cologne, estate in several states
The file sits at Jakordenstrasse 8 in 50668 Cologne, and that is where the first appointment takes place if you come from Cologne or the surrounding area, from Bergisch Gladbach, Leverkusen, Bruehl, Huerth, Kerpen or Frechen. Heirs living further away or abroad send documents electronically. We speak by video or phone, in German and in English.
For the German part of the administration, local jurisdiction decides which probate court and which land registry handle the matter, not the seat of my office. If the inherited property is in Cologne, the land registry is here. If it is elsewhere, I conduct the correspondence from here.
MORE TOPICS
More on international inheritance law
YOUR QUESTIONS
Frequently asked questions
Six months where the deceased's last residence was exclusively abroad or where you are abroad when the period begins. Otherwise six weeks (section 1944 German Civil Code). The period does not begin on the date of death but with your knowledge of the inheritance and of the grounds on which you were called to it. A disclaimer covers the estate as a whole, not just the unwelcome part.
That depends on where you have to prove something, and frequently you need both. The certificate of inheritance is the usual document for German banks, land registries and insurers, though it is not always needed. The European Certificate of Succession under Articles 62 et seq. of the EU Succession Regulation takes effect in the bound member states without any further procedure. It does not replace the certificate of inheritance and is not compulsory. In Denmark, Ireland and third states it has no effect.
First ask in writing exactly what the bank requires: which document, in which language, as an original or a certified copy, with or without an apostille, and who has to sign. A European Certificate of Succession frequently solves the problem, because it takes direct effect in the bound member states. What matters is that one place conducts the correspondence and sets deadlines, rather than several heirs enquiring in parallel.
The transfer is decided by the state in which the property lies. Its register determines which document it accepts and whether a local notary has to be involved. For a property in Germany: no fee is charged for registering the heirs if the application reaches the land registry within two years of the death (no. 14110 of the schedule to the German Court and Notary Costs Act).
I bill by time; my hourly rate is 280 euros plus 19% VAT. You receive the fee agreement before we start, and the invoice itemises the individual tasks. The statutory fees under the German Lawyers' Fees Act (RVG) form the minimum. The initial consultation is also billed by time. Court and notary costs, translations, apostilles and the costs of foreign advisers are additional.
Have a cross-border estate put in order
If a deadline is running, an account is frozen or nobody can say which document the office abroad requires, we will look at the case together. I work throughout Germany, by video or phone, in German and in English.
INTERNATIONAL INHERITANCE LAW
Cross-border estate administration: proof of succession and deadlines
Where an estate spans two states, the bottleneck is almost never the applicable inheritance law but the proof of succession: which document the bank abroad accepts and which one the land registry here requires. I am Dr Hanna Schmidt, attorney at law at DR. SCHMIDT LEGAL, and I handle the administration of such estates myself, throughout Germany, in German and in English.
Proof of succession decides the pace of the administration
Which inheritance law applies to the estate is determined within the European Union by the deceased's last habitual residence (Article 21 EU Succession Regulation), not by their nationality. For the administration that question is only the preliminary one. After it the work begins, and it consists of documents.
Being an heir and being able to prove it are not the same thing. Every body holding something has its own list: the bank in one state, the land or company register in a second, the insurer in a third. Anyone who does not ask in advance what is on those lists applies for the wrong document and starts again.
German certificate of inheritance or European Certificate of Succession
The German certificate of inheritance is the usual document for use within Germany. Abroad it is a foreign document: it has to be translated and, depending on the state, carry an apostille. The European Certificate of Succession under Articles 62 et seq. of the EU Succession Regulation takes effect in all bound member states without any further procedure. It does not replace the certificate of inheritance and is not compulsory.
Three things decide the timetable in practice. What is issued are not originals but certified copies with a limited period of validity. In Denmark, in Ireland and in third states the certificate has no effect. And which body accepts which document is a question, not an assumption: before filing I ask in writing which document is required and in what form.
Apostille, legalisation and certified translations
Public documents crossing a border frequently need proof of authenticity. Within the scope of the 1961 Hague Convention that is the apostille, issued by a body in the state of origin. Where the document comes from a state that is not party to the Convention, legalisation through the consular representation is required, and that takes time.
Foreign-language documents produced in Germany need a certified translation by a translator authorised in Germany. Conversely, the receiving state's requirements apply. A translation prepared by a family member is regularly rejected. Anyone who obtains several certified copies of each document saves themselves a second trip to the authorities.
Foreign banks: where the administration gets stuck
The account abroad is the most common reason why an administration comes to a standstill. Typical requirements of a foreign bank: their own form, a tax number of that state for every heir, production of the original in person, a signature from all heirs, or proof issued under the law of that country.
Some legal systems do not know the community of heirs in its German form. The consequence is the same: the account is frozen while running costs continue. What helps is an early written enquiry in the local language with a list of the documents available and a request to confirm their own list of requirements. That enquiry is quickly done and often saves months.
Property abroad and the local register
With property it is the state where it lies that decides. Its register determines which document it accepts for a transfer, whether a local notary has to be involved, whether every heir needs a local tax number, and whether tax has to be paid before the transfer. Until that is clarified the property can neither be sold nor charged.
For a property in Germany there is a concrete advantage. No fee is charged for registering the heirs of the registered owner if the application reaches the land registry within two years of the death (no. 14110 of the schedule to the German Court and Notary Costs Act, note); after that it falls due. With international estates those two years pass faster than expected.
Powers of attorney: who may speak for the heirs
A power of attorney from the deceased that continues beyond death can shorten the administration considerably, because it allows access before succession has been proved. Abroad, however, it is often not accepted unless it exists in the form required there, and some bodies insist on an apostille or on a document from a notary of their own state.
Within a community of heirs a power of attorney from the co-heirs matters: externally, one voice should speak. Four heirs writing separately to four banks produce four file numbers, four case handlers and four lists of requirements that contradict each other. I have myself authorised, conduct the correspondence in one bundle and, where necessary, grant sub-authority to colleagues abroad.
Deadlines run in parallel, and one is the most important
The period for disclaiming is six weeks under section 1944 German Civil Code. It is six months where the deceased's last residence was exclusively abroad or the heir is abroad when the period begins. The period starts with knowledge of the inheritance and of the grounds for being called to it, so not automatically on the date of death.
Six months sounds generous. It is not, because within that time the decision has to be made and a disclaimer from abroad has to have reached the German probate court, and that requires an overview of assets and debts in several states. A disclaimer also covers the estate as a whole. Other deadlines run on independently alongside. That is why my files start with a list of deadlines and only then everything else.
Inheritance tax in two states: a pointer, not advice
Inheritance law and tax law run separately where there is a foreign element, and taxation in two states is possible. Why that is so and what it turns on is set out on the page about the EU Succession Regulation.
For the administration what matters above all is timing. I identify the interface before anything is sold, transferred or distributed, and bring in your tax adviser or a specialist from my network. I do not provide tax advice or tax calculations myself.
What delays an administration abroad by months
01
Every heir acts for themselves
One child writes to the bank in Spain, the second applies for a certificate of inheritance in Germany, the third has documents translated. What is left at the end are three files, three lists of requirements and doubled costs, and none of the steps matches what the office abroad actually demands.
02
The period for disclaiming is miscalculated
Counted as six weeks although the conditions for six months are met, or relied on as six months although they are not. In the first case decisions are taken under time pressure; in the second the period has expired and the estate has been accepted together with its debts.
03
Documents arrive without an apostille and without a translation
Copies instead of certified copies, translations by a family member, a missing apostille. The office comes back with queries, the matter sits for weeks, and obtaining documents abroad often takes months. Where documents have a limited period of validity, the copy expires in the meantime.
04
The frozen account becomes a permanent state
The bank abroad answers evasively, nobody follows up, and the heirs wait. Running costs for a property in the same state are no longer met, arrears build up, and in extreme cases enforcement threatens against an asset worth many times the arrears.
05
Disclaiming without an overview of the foreign assets
The estate looks over-indebted because only the German part is known. Disclaiming then turns out to have been a mistake, because assets lay abroad that nobody had recorded. Challenging that is laborious and does not always succeed.
How I proceed
01
Taking stock by country, deadlines first
I record where the deceased lived, who the heirs are and what lies in which state. From that it follows immediately which deadlines are running, above all the one for disclaiming.
02
Choosing and applying for the proof of succession
Only then is it decided which document is needed: a German certificate of inheritance, a European Certificate of Succession, proof under the law of a third state, or a combination.
03
Assembling the documents and planning the order
The death certificate, civil status certificates, the will or contract of inheritance, evidence of residence, plus apostilles and certified translations. I tell you what you obtain, what I obtain, and in what order, so that nothing expires.
04
Writing to bodies at home and abroad, bundling the correspondence
Banks, registers, insurers and probate courts are written to from one place, in German or in English, with deadlines and diary dates. You receive the current position as an overview.
A typical situation
01
The situation
The deceased held German nationality and spent their last years mainly in another EU state, where a flat and an account are also located. In Germany there is a let flat and a securities portfolio. The heirs are two siblings, one of them abroad.
02
The order of steps
The work begins with the deadlines and with the question whether the estate should be accepted. In parallel it is clarified which proof is required where: a European Certificate of Succession for the bank and the register in the other member state, a certificate of inheritance for the land registry and the securities portfolio in Germany. The division comes last.
Office in Cologne, estate in several states
The file sits at Jakordenstrasse 8 in 50668 Cologne, and that is where the first appointment takes place if you come from Cologne or the surrounding area, from Bergisch Gladbach, Leverkusen, Bruehl, Huerth, Kerpen or Frechen. Heirs living further away or abroad send documents electronically. We speak by video or phone, in German and in English.
For the German part of the administration, local jurisdiction decides which probate court and which land registry handle the matter, not the seat of my office. If the inherited property is in Cologne, the land registry is here. If it is elsewhere, I conduct the correspondence from here.
MORE TOPICS
More on international inheritance law
YOUR QUESTIONS
Frequently asked questions
Six months where the deceased's last residence was exclusively abroad or where you are abroad when the period begins. Otherwise six weeks (section 1944 German Civil Code). The period does not begin on the date of death but with your knowledge of the inheritance and of the grounds on which you were called to it. A disclaimer covers the estate as a whole, not just the unwelcome part.
That depends on where you have to prove something, and frequently you need both. The certificate of inheritance is the usual document for German banks, land registries and insurers, though it is not always needed. The European Certificate of Succession under Articles 62 et seq. of the EU Succession Regulation takes effect in the bound member states without any further procedure. It does not replace the certificate of inheritance and is not compulsory. In Denmark, Ireland and third states it has no effect.
First ask in writing exactly what the bank requires: which document, in which language, as an original or a certified copy, with or without an apostille, and who has to sign. A European Certificate of Succession frequently solves the problem, because it takes direct effect in the bound member states. What matters is that one place conducts the correspondence and sets deadlines, rather than several heirs enquiring in parallel.
The transfer is decided by the state in which the property lies. Its register determines which document it accepts and whether a local notary has to be involved. For a property in Germany: no fee is charged for registering the heirs if the application reaches the land registry within two years of the death (no. 14110 of the schedule to the German Court and Notary Costs Act).
I bill by time; my hourly rate is 280 euros plus 19% VAT. You receive the fee agreement before we start, and the invoice itemises the individual tasks. The statutory fees under the German Lawyers' Fees Act (RVG) form the minimum. The initial consultation is also billed by time. Court and notary costs, translations, apostilles and the costs of foreign advisers are additional.
Have a cross-border estate put in order
If a deadline is running, an account is frozen or nobody can say which document the office abroad requires, we will look at the case together. I work throughout Germany, by video or phone, in German and in English.
INTERNATIONAL INHERITANCE LAW
Cross-border estate administration: proof of succession and deadlines
Where an estate spans two states, the bottleneck is almost never the applicable inheritance law but the proof of succession: which document the bank abroad accepts and which one the land registry here requires. I am Dr Hanna Schmidt, attorney at law at DR. SCHMIDT LEGAL, and I handle the administration of such estates myself, throughout Germany, in German and in English.
Proof of succession decides the pace of the administration
Which inheritance law applies to the estate is determined within the European Union by the deceased's last habitual residence (Article 21 EU Succession Regulation), not by their nationality. For the administration that question is only the preliminary one. After it the work begins, and it consists of documents.
Being an heir and being able to prove it are not the same thing. Every body holding something has its own list: the bank in one state, the land or company register in a second, the insurer in a third. Anyone who does not ask in advance what is on those lists applies for the wrong document and starts again.
German certificate of inheritance or European Certificate of Succession
The German certificate of inheritance is the usual document for use within Germany. Abroad it is a foreign document: it has to be translated and, depending on the state, carry an apostille. The European Certificate of Succession under Articles 62 et seq. of the EU Succession Regulation takes effect in all bound member states without any further procedure. It does not replace the certificate of inheritance and is not compulsory.
Three things decide the timetable in practice. What is issued are not originals but certified copies with a limited period of validity. In Denmark, in Ireland and in third states the certificate has no effect. And which body accepts which document is a question, not an assumption: before filing I ask in writing which document is required and in what form.
Apostille, legalisation and certified translations
Public documents crossing a border frequently need proof of authenticity. Within the scope of the 1961 Hague Convention that is the apostille, issued by a body in the state of origin. Where the document comes from a state that is not party to the Convention, legalisation through the consular representation is required, and that takes time.
Foreign-language documents produced in Germany need a certified translation by a translator authorised in Germany. Conversely, the receiving state's requirements apply. A translation prepared by a family member is regularly rejected. Anyone who obtains several certified copies of each document saves themselves a second trip to the authorities.
Foreign banks: where the administration gets stuck
The account abroad is the most common reason why an administration comes to a standstill. Typical requirements of a foreign bank: their own form, a tax number of that state for every heir, production of the original in person, a signature from all heirs, or proof issued under the law of that country.
Some legal systems do not know the community of heirs in its German form. The consequence is the same: the account is frozen while running costs continue. What helps is an early written enquiry in the local language with a list of the documents available and a request to confirm their own list of requirements. That enquiry is quickly done and often saves months.
Property abroad and the local register
With property it is the state where it lies that decides. Its register determines which document it accepts for a transfer, whether a local notary has to be involved, whether every heir needs a local tax number, and whether tax has to be paid before the transfer. Until that is clarified the property can neither be sold nor charged.
For a property in Germany there is a concrete advantage. No fee is charged for registering the heirs of the registered owner if the application reaches the land registry within two years of the death (no. 14110 of the schedule to the German Court and Notary Costs Act, note); after that it falls due. With international estates those two years pass faster than expected.
Powers of attorney: who may speak for the heirs
A power of attorney from the deceased that continues beyond death can shorten the administration considerably, because it allows access before succession has been proved. Abroad, however, it is often not accepted unless it exists in the form required there, and some bodies insist on an apostille or on a document from a notary of their own state.
Within a community of heirs a power of attorney from the co-heirs matters: externally, one voice should speak. Four heirs writing separately to four banks produce four file numbers, four case handlers and four lists of requirements that contradict each other. I have myself authorised, conduct the correspondence in one bundle and, where necessary, grant sub-authority to colleagues abroad.
Deadlines run in parallel, and one is the most important
The period for disclaiming is six weeks under section 1944 German Civil Code. It is six months where the deceased's last residence was exclusively abroad or the heir is abroad when the period begins. The period starts with knowledge of the inheritance and of the grounds for being called to it, so not automatically on the date of death.
Six months sounds generous. It is not, because within that time the decision has to be made and a disclaimer from abroad has to have reached the German probate court, and that requires an overview of assets and debts in several states. A disclaimer also covers the estate as a whole. Other deadlines run on independently alongside. That is why my files start with a list of deadlines and only then everything else.
Inheritance tax in two states: a pointer, not advice
Inheritance law and tax law run separately where there is a foreign element, and taxation in two states is possible. Why that is so and what it turns on is set out on the page about the EU Succession Regulation.
For the administration what matters above all is timing. I identify the interface before anything is sold, transferred or distributed, and bring in your tax adviser or a specialist from my network. I do not provide tax advice or tax calculations myself.
What delays an administration abroad by months
01
Every heir acts for themselves
One child writes to the bank in Spain, the second applies for a certificate of inheritance in Germany, the third has documents translated. What is left at the end are three files, three lists of requirements and doubled costs, and none of the steps matches what the office abroad actually demands.
02
The period for disclaiming is miscalculated
Counted as six weeks although the conditions for six months are met, or relied on as six months although they are not. In the first case decisions are taken under time pressure; in the second the period has expired and the estate has been accepted together with its debts.
03
Documents arrive without an apostille and without a translation
Copies instead of certified copies, translations by a family member, a missing apostille. The office comes back with queries, the matter sits for weeks, and obtaining documents abroad often takes months. Where documents have a limited period of validity, the copy expires in the meantime.
04
The frozen account becomes a permanent state
The bank abroad answers evasively, nobody follows up, and the heirs wait. Running costs for a property in the same state are no longer met, arrears build up, and in extreme cases enforcement threatens against an asset worth many times the arrears.
05
Disclaiming without an overview of the foreign assets
The estate looks over-indebted because only the German part is known. Disclaiming then turns out to have been a mistake, because assets lay abroad that nobody had recorded. Challenging that is laborious and does not always succeed.
How I proceed
01
Taking stock by country, deadlines first
I record where the deceased lived, who the heirs are and what lies in which state. From that it follows immediately which deadlines are running, above all the one for disclaiming.
02
Choosing and applying for the proof of succession
Only then is it decided which document is needed: a German certificate of inheritance, a European Certificate of Succession, proof under the law of a third state, or a combination.
03
Assembling the documents and planning the order
The death certificate, civil status certificates, the will or contract of inheritance, evidence of residence, plus apostilles and certified translations. I tell you what you obtain, what I obtain, and in what order, so that nothing expires.
04
Writing to bodies at home and abroad, bundling the correspondence
Banks, registers, insurers and probate courts are written to from one place, in German or in English, with deadlines and diary dates. You receive the current position as an overview.
A typical situation
01
The situation
The deceased held German nationality and spent their last years mainly in another EU state, where a flat and an account are also located. In Germany there is a let flat and a securities portfolio. The heirs are two siblings, one of them abroad.
02
The order of steps
The work begins with the deadlines and with the question whether the estate should be accepted. In parallel it is clarified which proof is required where: a European Certificate of Succession for the bank and the register in the other member state, a certificate of inheritance for the land registry and the securities portfolio in Germany. The division comes last.
Office in Cologne, estate in several states
The file sits at Jakordenstrasse 8 in 50668 Cologne, and that is where the first appointment takes place if you come from Cologne or the surrounding area, from Bergisch Gladbach, Leverkusen, Bruehl, Huerth, Kerpen or Frechen. Heirs living further away or abroad send documents electronically. We speak by video or phone, in German and in English.
For the German part of the administration, local jurisdiction decides which probate court and which land registry handle the matter, not the seat of my office. If the inherited property is in Cologne, the land registry is here. If it is elsewhere, I conduct the correspondence from here.
MORE TOPICS
More on international inheritance law
YOUR QUESTIONS
Frequently asked questions
Six months where the deceased's last residence was exclusively abroad or where you are abroad when the period begins. Otherwise six weeks (section 1944 German Civil Code). The period does not begin on the date of death but with your knowledge of the inheritance and of the grounds on which you were called to it. A disclaimer covers the estate as a whole, not just the unwelcome part.
That depends on where you have to prove something, and frequently you need both. The certificate of inheritance is the usual document for German banks, land registries and insurers, though it is not always needed. The European Certificate of Succession under Articles 62 et seq. of the EU Succession Regulation takes effect in the bound member states without any further procedure. It does not replace the certificate of inheritance and is not compulsory. In Denmark, Ireland and third states it has no effect.
First ask in writing exactly what the bank requires: which document, in which language, as an original or a certified copy, with or without an apostille, and who has to sign. A European Certificate of Succession frequently solves the problem, because it takes direct effect in the bound member states. What matters is that one place conducts the correspondence and sets deadlines, rather than several heirs enquiring in parallel.
The transfer is decided by the state in which the property lies. Its register determines which document it accepts and whether a local notary has to be involved. For a property in Germany: no fee is charged for registering the heirs if the application reaches the land registry within two years of the death (no. 14110 of the schedule to the German Court and Notary Costs Act).
I bill by time; my hourly rate is 280 euros plus 19% VAT. You receive the fee agreement before we start, and the invoice itemises the individual tasks. The statutory fees under the German Lawyers' Fees Act (RVG) form the minimum. The initial consultation is also billed by time. Court and notary costs, translations, apostilles and the costs of foreign advisers are additional.
Have a cross-border estate put in order
If a deadline is running, an account is frozen or nobody can say which document the office abroad requires, we will look at the case together. I work throughout Germany, by video or phone, in German and in English.