For testators who have not made a will or inheritance contract during their lifetime, the law determines the order of inheritance. This applies to the majority of inheritances in Germany. Primarily, spouses or registered civil partners and children are considered. Other relatives, such as nieces or nephews, inherit assets according to their degree of kinship. Parents-in-law and brothers-in-law are not considered relatives.
The German Civil Code (BGB) distinguishes between different stages of inheritance.
Heirs of the first order (§ 1924 German Civil Code) include the deceased's children and grandchildren. Representatives of the second order (§ 1925 German Civil Code) are the deceased's parents, siblings, nieces, and nephews. This group also includes the deceased's divorced parents. The third order (§ 1926 German Civil Code) includes the deceased's grandparents, uncles and aunts, and cousins. As long as at least one representative of the first order is an heir, no representatives of the second order inherit. The same applies between the second and third orders.
According to this statutory inheritance law, the surviving partner always receives one-quarter of the estate alongside the children, even if there is only one child. If, besides the widower, only second-degree relatives exist, the surviving spouse inherits half. However, most marriages are governed by the community of accrued gains. In this case, the surviving spouse's share of the inheritance increases by one-quarter: they then inherit half. The share of their children is reduced accordingly.
If, on the other hand, a valid will or inheritance contract exists, this is referred to as testamentary succession. If testators choose this route, they can appoint any person they wish as heirs.
You are an heir to a property according to the legal rules of inheritance and are now considering what to do with the inheritance? We would be happy to advise you.
Photo: Richard Villalo