The first question is almost always whether you can still make a claim from so far away. The answer is rather unremarkable. When it comes to the statutory share, it makes no difference where you live or what passport you hold. Whether you have been living in Vienna for two years or in Toronto for twenty, it does not affect your entitlement.
The decisive factor is a different place, namely the place where the deceased last lived. If the centre of their life was in Germany, German inheritance law applies to the entire estate. Anyone who, as a child or spouse, was omitted from the will or expressly disinherited is then entitled to the full statutory share, just as if they lived two streets away.
The difficulties lie elsewhere, and the reasons for this have little to do with inheritance law. When you’re far away, you often find out about a death too late, by which time the limitation period has long since begun. The documents are held by those who will ultimately be required to pay. And the one appointment that must be attended in person is at a consulate that doesn’t have any slots available for another four months.
Key points at a glance
- Your place of residence and nationality are irrelevant for the purposes of the compulsory share. What matters is the deceased person’s last habitual residence (Article 21 of the EU Succession Regulation).
- If she was last resident in Germany, German law applies. The compulsory share is then a monetary claim against the heirs amounting to half of the statutory share of the estate (Section 2303 of the German Civil Code (BGB)).
- If she was last residing abroad, the law of her country of residence generally applies. A choice of law in the will may revert the application to German law (Article 22 of the EU Succession Regulation).
- You do not need a certificate of inheritance, and your signature alone is sufficient to grant power of attorney to a German solicitor.
- The limitation period is generally three years, calculated from the end of the year in which you became aware of the inheritance and of your disinheritance. A stricter time limit of exactly three years from the date of death applies to third parties who have received a bequest.
- Anyone residing outside the EU and the European Economic Area may, at the request of the heir, be required to provide security for the costs of legal proceedings (Section 110 of the Code of Civil Procedure).
Which law applies depends solely on the deceased person
For inheritances arising on or after 17 August 2015, the same rule applies in almost all EU Member States. The law of the country in which the deceased person last had their habitual residence applies (Article 21 of the European Succession Regulation). It is not the deceased’s nationality, nor the location of their assets, and certainly not your own place of residence.
‘Habitual residence’ refers to the actual centre of one’s life, not the registered address. To determine this, the courts look at the years leading up to the person’s death as a whole – that is, where the person lived, where their family and circle of friends were, where they received medical treatment, and where they conducted their affairs. There is no fixed time limit. Someone who has spent their winters in Spain for years but has remained rooted in Germany may still have had their habitual residence in Germany, and the reverse is also possible.
The deceased person was last living in Germany
This is the standard scenario, and it is the simplest. German inheritance law applies to the entire estate, including assets located abroad. You are entitled to your full statutory share, and German courts have jurisdiction over any disputes in this regard (Article 4 of the EU Succession Regulation). Your own place of residence is not mentioned at any point in this assessment.
She had most recently been living in another EU country
In that case, the inheritance law of that country generally applies, and this can differ significantly. Under Spanish common law, the statutory heir becomes a co-heir rather than a monetary creditor; gifts are taken into account without any time limit; and the special rights of individual regions deviate from this once again. In Austria, there is a statutory share as a monetary claim amounting to half the statutory inheritance share; however, since 2017, this no longer applies to parents and grandparents.
It is particularly worth taking a look at the will in this context. Anyone who held German nationality was entitled to choose German law to govern their estate (Article 22 of the EU Succession Regulation). Wills drawn up by a German notary often contain such a choice of law, in which case German law on the reserved share applies once again. Two points are easily overlooked in this context. In the case of wills drawn up under German law before 17 August 2015, German law is deemed to have been chosen even without an express choice (Article 83 of the EU Succession Regulation), which can be a decisive factor, particularly for old wills drawn up by Germans who have emigrated. Furthermore, as regards jurisdiction, the courts of the country of residence remain the competent authorities for the time being. Only if the parties subsequently agree to German courts following such a choice of law may the German courts also rule on the matter (Art. 5 et seq. of the EU Succession Regulation).
She had most recently been living outside the EU
This is where things get rather detailed, though often to the benefit of those entitled to a compulsory share. Many countries in the Anglo-Saxon legal tradition, including the USA, Canada and Australia, subject immovable property to the law of the country in which it is situated. For property in Germany, they therefore refer back to German law, and this renvoi must be taken into account (Article 34 of the EU Succession Regulation).
The estate is then divided. German inheritance law, including the statutory share, applies to the property in Germany, whilst the law of the country of residence applies to the remaining assets – a law which often does not recognise a statutory share at all. In this case, your entitlement is calculated solely on the basis of the German portion.
One detail is decisive in this regard. The referral only applies if the deceased held the property directly. If the deceased merely held a share in a community of heirs whose assets include a property in Germany, that share is considered movable property, according to a ruling by the Federal Court of Justice in June 2026. In that case, the law of the country of residence applies. Undivided family estates spanning two generations are particularly common in families of emigrants, and it makes a significant difference whether the house was registered in the land register in the name of the deceased person or in the name of a community of heirs.
A safeguard clause operates in the opposite direction. If the chosen foreign law results in a child having no statutory share at all, irrespective of need, its application may contravene German public policy, in which case German statutory share law takes precedence (Article 35 of the EU Succession Regulation). This was ruled in 2022 in the case of a testator who had lived in Germany for fifty years, whose assets were located here and whose disinherited child was a German national. The more firmly a case is rooted abroad, the less weight this argument carries.
What you are entitled to
The compulsory share is purely a monetary claim against the heir or heirs (Section 2303 of the German Civil Code (BGB)). It does not make you a co-owner of the house and does not give you any say in how the estate is distributed. It arises upon the opening of the succession and is immediately due (§ 2317 BGB), even if the assets are tied up in a property. Only in exceptional cases of hardship may the heir request a deferral (§ 2331a BGB).
Only three groups are entitled to a compulsory share: children (or, in their place, grandchildren if the children are not alive); the spouse or registered civil partner; and the parents, who are, however, only entitled to a compulsory share if no descendant is able to claim one (Section 2309 of the German Civil Code (BGB)). Siblings, nieces and nephews are never entitled to a compulsory share.
The amount is calculated in two stages. First, the question is what you would have been entitled to under the rules of intestate succession had there been no will. This share is halved and applied to the value of the estate, net of debts. Gifts made during the ten years prior to death may further increase your entitlement, with the value of each gift decreasing for each year that has elapsed since it was made (Section 2325 of the German Civil Code (BGB)).
How high is your compulsory portion?
You don’t need a single figure from the estate to work out the share. All you need to know is who belongs to the family and what matrimonial property regime applied to the marriage. The calculator will work this out and show you the resulting share, regardless of where you live.
How on earth do you find out what it’s all about from a distance?
Anyone living in Germany will usually receive a letter from the probate court once the will has been opened. The court is required to notify the parties concerned in writing of the matters affecting them, and this includes children who have been omitted from the will (Section 348 of the Family Proceedings Act). This is provided that the court is aware of your existence and knows your address. In cases involving people living abroad, this is where things regularly go wrong.
The Central Register of Wills cannot be relied upon in this regard. It reports the death to the probate court, not to relatives, and does not provide information about another person’s will. If the person died abroad, the register will only be informed of this if the death is subsequently registered in Germany.
The more reliable route is through the probate court itself. The local court with jurisdiction is that of the deceased person’s last habitual residence; alternatively, that of their last place of residence within Germany; and, if there was no such place either, the Schöneberg Local Court in Berlin (Section 343 FamFG). Anyone who can demonstrate a credible legal interest may inspect a will that has been opened there (Section 357 FamFG). As a child or spouse not mentioned in the will, this threshold is low. In addition, you may be granted access to the probate file if you can demonstrate a legitimate interest (Section 13 FamFG). Both can be arranged in writing. If you do not know the heirs’ addresses, a simple enquiry at the Residents’ Registration Office of their last known place of residence will help (Section 44 of the Federal Population Registration Act (BMG)); for this, it is sufficient to clearly identify the person you are looking for.
If it remains unclear who has inherited, or if it is not certain whether the inheritance has been accepted, there is a specific procedure for this. At the request of a creditor of the estate – and you are such a creditor – the probate court will appoint an administrator of the estate so that the claim can be asserted in court in the first place (Section 1961 of the German Civil Code (BGB)). This gives you a point of contact and, in the event of an emergency, a person to whom legal documents can be served, even if no one initially comes forward in connection with the estate.
Once it has been established who has become the heir, all further proceedings are directed against that person and not against a court. The heir is obliged to provide you with information regarding the contents of the estate (Section 2314 of the German Civil Code (BGB)). You may request a properly organised inventory, an assessment of the value of individual items and, instead of a list drawn up by the heir themselves, a notarial inventory of the estate. The notary then does not merely certify what the heir states, but carries out their own investigations, for example by examining bank statements and asking further questions. The costs are borne by the estate.
You are welcome to be present when this record is drawn up. You do not need to travel for this, as in practice the appointed solicitor will attend the appointment or a video link will be arranged. For someone who is only familiar with the family circumstances from a distance, this is one of the few opportunities to ask specific questions before any figures are finalised.
The deadlines are calculated according to the German calendar
The right to a compulsory share is generally subject to a limitation period of three years. This period is calculated not from the date of death, but from the end of the year in which you became aware of the inheritance and of the disposition that adversely affects you (Sections 195 and 199 of the German Civil Code (BGB)). Anyone who learns of their father’s death and the will in March 2026 has until 31 December 2029 to act.
The fact that the time limit is linked to the date on which you became aware of the matter is an advantage in cases involving inheritance abroad. Anyone who only finds out at a late stage that a succession has taken place is therefore not automatically deemed to be too late. Nevertheless, you should not rely on this, as in the event of a dispute you will need to demonstrate when you learnt what, and memories are unreliable evidence. Regardless of whether you were aware of it or not, the time limit expires thirty years after the opening of the succession.
A common misconception concerns the expiry of the limitation period. A letter of claim sent to the heirs does not suspend the limitation period, nor does a reminder. Only serious negotiations regarding the claim (Section 203 of the German Civil Code (BGB)), as well as legal proceedings, staged proceedings, a payment order or an application for conciliation (Section 204 of the German Civil Code (BGB)), can do so. For anyone negotiating remotely whose time limit expires at the end of the year, this is precisely where the difference lies between a claim that is upheld and one that is lost.
A second time limit is considerably stricter and is regularly overlooked. If the estate is insufficient to cover a claim for supplementary payment arising from gifts, the recipient of the gift may, subject to additional conditions, be held liable themselves (Section 2329 of the German Civil Code (BGB)). This claim becomes time-barred exactly three years to the day after the date of death, regardless of whether you were ever aware of the gift (Section 2332 of the German Civil Code (BGB)). Anyone who only learns of the inheritance two and a half years after the death will have hardly any time left to act on this part of the claim.
The situation is most difficult for someone who has been included in a will but is subject to a condition, such as the appointment of an executor or a reversionary right. Anyone wishing to renounce the bequest in such a case and claim the full statutory share instead (Section 2306 of the German Civil Code (BGB)) has only six weeks to do so, calculated from the date on which they became aware of the condition. However, this period is extended to six months if the deceased’s last place of residence was solely abroad or if you were residing abroad at the start of the period (Section 1944 of the German Civil Code (BGB)). A burden-free share of the inheritance must be strictly distinguished from this, as anyone who renounces it will, as a rule, also forfeit their statutory share.
Two hurdles that don’t actually exist
Two misconceptions persist and cost those affected months of time when they are abroad.
The first is that you need a certificate of inheritance. You do not need one. A certificate of inheritance confirms who has become an heir and is issued to the heir (Section 2353 of the German Civil Code (BGB)). As a person entitled to a compulsory share, you are not an heir, but a creditor of the heir. You are therefore not required to make a statutory declaration or to arrange an appointment at a consulate for this purpose. The same applies to the European Certificate of Succession, which is reserved for heirs, direct beneficiaries of legacies, executors and administrators of the estate (Article 63 of the European Succession Regulation).
The second claim is that a power of attorney for a German solicitor must be certified or apostilled. This is also incorrect. For civil proceedings, a written power of attorney is sufficient (Section 80 of the German Code of Civil Procedure (ZPO)), and in out-of-court matters, the appointment is not subject to any formal requirements anyway. Simply print it out, sign it and scan it.
Where distance really does make a difference
Certifications that are genuinely necessary
Very little needs to be officially certified, but what little there is must be certified. The most important case under the law of compulsory inheritance is the renunciation of an inheritance. This must be declared either for the record of the probate court or in a form certified by a notary, and anyone acting through a representative in this matter requires a power of attorney certified by a notary (Section 1945 of the German Civil Code (BGB)). Declarations made to the Land Registry (§ 29 GBO) and statutory declarations must also be certified or notarised. In addition, proof of kinship is required. Birth and marriage certificates from abroad require, depending on the country, either an apostille or legalisation and a certified translation.
There are two ways to do this. German diplomatic missions abroad are authorised to certify signatures and take affidavits, and their certificates are equivalent to those issued by a German notary (Section 10 of the Consular Act). However, they are not obliged to do so; applicants must appear in person, and in large countries such as the USA or Canada, applicants regularly have to wait months for an appointment. The second option is to go to a local notary. For their certification to be recognised in Germany, an apostille is usually required – that is, a further certification by a designated authority in the country concerned. Around 130 countries have acceded to the underlying Hague Convention, with Canada having done so since early 2024 and China since late 2023. Where the apostille is not available – for example, in the United Arab Emirates and, until early 2027, in Thailand – the only option is the significantly more time-consuming process of legalisation.
The time frame is therefore crucial. Anyone who has six weeks to declare a renunciation of inheritance but has to wait four months for a consular appointment has a problem. The extended six-month deadline for heirs living abroad is designed precisely for this purpose, but it is not sufficient in every country.
Security deposits outside the EU
One provision of German civil procedure law applies exclusively to claimants whose habitual residence is outside the EU and the European Economic Area. The defendant heir may require you to provide security for his legal costs in the first instance (Section 110 of the German Code of Civil Procedure (ZPO)). You would then have to deposit an amount set by the court or provide a bank guarantee before the case itself can proceed. Your nationality is irrelevant in this regard; therefore, holding a German passport does not protect you from this requirement.
Two factors mitigate this. Firstly, the rule does not apply to a number of states due to international treaties, such as the 1954 Hague Convention on Civil Procedure, to which Switzerland, Turkey, Israel and Japan, amongst others, are parties. For claimants resident in the United Kingdom, the Federal Court of Justice reached the same conclusion in 2022 on the basis of the European Agreement on Establishment. Whether such a treaty applies in an individual case depends not only on the claimant’s place of residence but also on their nationality. There is no corresponding exemption for the USA, Canada, Australia, Thailand or the United Arab Emirates.
Secondly, the heir must expressly request the security, and must do so at an early stage, namely before the case is heard on the merits (Section 282 of the Code of Civil Procedure). If he fails to do so, the objection is, as a rule, deemed to have lapsed. For everyone else, this item must be factored into the calculation from the outset, as the proceedings will be terminated without the security. The court sets a time limit, and once this has expired, the claim will be declared withdrawn upon application (Section 113 of the German Code of Civil Procedure (ZPO)).
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The court hearing
German courts shall order the parties to appear in person where this appears necessary to establish the facts of the case (Section 141 of the Code of Civil Procedure). Since July 2024, participation via video link has been expressly provided for. The court may permit or order this, and if a party requests a video link, the court must grant it. Any refusal must be justified (Section 128a of the German Code of Civil Procedure (ZPO)). In addition, a representative may be sent who can clarify the facts of the case and reach a settlement. In such cases, there is no risk of a court fine. Furthermore, if personal attendance cannot reasonably be expected for good cause, the court shall refrain from making such an order altogether.
There is, however, one limitation. Mere participation in the proceedings is generally considered permissible, provided that no evidence is taken in the process. If, on the other hand, a formal examination is to be conducted – for example, of a party or a witness abroad – this would constitute an act of German sovereignty on foreign territory, and the procedure for mutual legal assistance would be required. Within the EU, this is regulated; with third countries, it takes months.
How much legal proceedings cost and who pays for them
The first step is always to try to reach an agreement, and a large proportion of cases are settled in this way. If the case does go to court, court and legal fees are based on the amount of the claim. Since the start of 2026, local courts have had jurisdiction over claims up to a value of 10,000 euros; claims above this amount fall within the jurisdiction of regional courts, where legal representation is mandatory. Disputes relating to inheritance law are heard by a chamber specialising in this area (Section 72a of the German Court Constitution Act (GVG)). However, the court will only take action once the advance on court fees has been paid. In the case of a six-figure claim, the cost risk across two instances can quickly reach a five-figure sum, and the losing party must also bear the other side’s legal fees.
Legal aid may also be available to persons resident abroad, as the law does not impose any restrictions in this regard (Section 114 of the Code of Civil Procedure). Within the EU, there is a simplified procedure for this using a standard form; for third countries, applicants must provide supporting documents and translations themselves. If legal aid is granted, it covers the applicant’s own costs but not those of the opposing party if the case is lost (Section 123 of the Code of Civil Procedure (ZPO)). Legal expenses insurance, on the other hand, often excludes inheritance disputes or only covers an initial consultation.
In short, a claimant living abroad is expected to pay up front in a currency that is not their own, for proceedings that they can only follow from afar, against someone who has the documents tucked away in a cupboard.
When enforcement is at risk of failing due to cost concerns
Normally, the compulsory share is claimed from and paid out to the heirs in the usual way. Things become difficult when information is withheld, the value of a property is disputed, and every further step requires new advance payments for expert reports, solicitors’ fees and court costs. This is precisely when Erbfinanz steps in to help. We can bear the cost risk of enforcement, so that you do not have to pay anything up front. Legal representation is always provided by a specialist solicitor, and our fee is agreed on a case-by-case basis, transparently and in advance, and is only payable if we are successful.
Your no-obligation enquiry is free of charge, confidential and takes just a few minutes to complete.
Inheritance tax if you live abroad
A common misconception is that anyone living abroad is exempt from German inheritance tax. However, it is not solely your place of residence that is decisive. Germany taxes the entire estate if the deceased was a German resident, i.e. had their domicile or habitual residence here (Section 2 of the German Inheritance Tax Act (ErbStG)). In most cases, this means that your statutory share is subject to tax in Germany, even if you have been living in Melbourne for twenty years.
The good news is right there alongside it. You are entitled to the same tax allowances as someone resident in Germany – that is, 400,000 euros per child in respect of each parent and 500,000 euros for spouses – and those entitled to a compulsory share are always placed in the most favourable tax bracket. In many cases, therefore, no tax is payable at all.
For Germans living abroad, there is an additional carry-over rule. German nationals are still regarded as residents for five years after moving abroad, provided they no longer have their place of residence here. Anyone who emigrated three years ago is therefore still treated as if they were living here.
The timing is also important. In the case of a compulsory share, the tax only becomes payable once you have seriously asserted your claim, and not at the time of death (Section 9 of the Inheritance Tax Act). From that moment, a three-month period begins during which you must notify the relevant tax office of the acquisition (Section 30 of the Inheritance Tax Act). An informal letter is sufficient for this purpose.
If the deceased was no longer a resident, the situation is different. In that case, limited tax liability may apply, which covers only certain domestic assets, and a claim to a compulsory share is not included there. Whether it therefore remains tax-free has not yet been conclusively clarified.
The question remains as to whether your country of residence will also levy tax. For inheritance tax purposes, Germany has concluded double taxation agreements with only six countries: the USA, Switzerland, France, Denmark, Sweden and Greece. For all other countries, there is no automatic adjustment, as the crediting of foreign tax under the German Inheritance Tax Act requires foreign assets, and a compulsory share from a German estate does not constitute such an asset. How the inflow is treated locally varies considerably. In the USA, for example, an inheritance from abroad is not taxable income, but amounts of US$100,000 or more must be reported to the tax authorities. Such reporting obligations are easily overlooked and can prove costly. For larger sums, it is worth consulting a tax adviser familiar with both legal systems at an early stage.
The entitlement can also be transferred
Not everyone wants to be involved in a dispute that spans several years and multiple time zones. The right to a compulsory share is inheritable and transferable (Section 2317 of the German Civil Code (BGB)), so it can be assigned or even sold. In financial terms, you are effectively exchanging an uncertain, potentially higher sum in the distant future for a fixed sum today. Whether this is worthwhile depends on how reliable the figures already are, how tough the other party is being and how much you need the cash.
When a prompt payout is more important than the maximum amount
In this case, you can sell your statutory share to Erbfinanz and receive payment promptly, without having to sort out the dispute with the heirs yourself. What happens to the claim afterwards is our responsibility. You do not need to travel to Germany to finalise the transaction.
We’ll discuss whether this approach is right for your situation during a no-obligation enquiry.
Frequently Asked Questions
I have renounced my German citizenship. Am I still entitled to a compulsory share of the estate?
Yes. Nationality is irrelevant when it comes to the right to a compulsory share, neither yours nor that of the deceased. What matters is the family relationship and which law applies to the succession. Your nationality is only relevant in two secondary respects: namely, in determining whether an international treaty exempts you from providing security for legal costs, and in relation to the five-year rule under inheritance tax law.
Do I need to travel to Germany for the proceedings?
As a general rule, no. Correspondence with the heirs, the provision of information and negotiations are handled by your solicitor, and your signature is sufficient to authorise them. You may also be represented when a notarial inventory of the estate is drawn up. Should a hearing take place, participation via video link has been expressly permitted since 2024, and if personal attendance cannot reasonably be expected for a valid reason, the court will waive this requirement. Travel will only be necessary in exceptional circumstances, such as for a certification that cannot be carried out locally.
I only found out about the death years later. Has my claim become time-barred?
Not necessarily. The three-year time limit only begins at the end of the year in which you became aware of the inheritance and of the disposition affecting you. For those who were unaware, the time limit did not start to run. The outer limit is thirty years after the date of inheritance. The situation is different for claims against third parties who have received gifts, which become time-barred three years after the date of death, regardless of whether you were aware of them. For those who find out late, the most pressing question is therefore whether significant assets were given away during the deceased’s lifetime.
The heirs do not live in Germany themselves. Where, then, should the claim be brought?
If the deceased had their last habitual residence in Germany, German courts have jurisdiction, regardless of where the heirs live. Within Germany, proceedings may be brought at the place of residence of the defendant heir, or at the place where the deceased last resided (Section 27 of the Code of Civil Procedure (ZPO)). This second option is particularly relevant where the entire family has emigrated. If the last place of residence was outside the EU and there are estate assets in Germany, German courts may also have jurisdiction; if the deceased was a German national, they may even have jurisdiction over the entire estate (Article 10 of the EU Succession Regulation). The subsequent enforcement of the judgement must be taken into account. Within the EU, a German judgement is recognised; however, this is uncertain in relation to third countries, which is why domestic assets remain the more practical point of recourse.
The estate includes a property abroad. Does it count?
If the deceased had their last habitual residence in Germany, then yes. In that case, German inheritance law applies to the entire estate; assets held abroad are included in the calculation, and the heir is also required to provide information regarding these. The situation is different if the deceased last lived in a third country and the estate is therefore legally split. In that case, your statutory share is calculated only on the basis of the part of the estate subject to German law. In both cases, the valuation of overseas property is, in practice, the most time-consuming aspect.
What it all boils down to
Back to the question at the start. Legally, your place of residence makes no difference. In practice, however, it changes three things. You will find later on that you need considerably more lead time for certain steps, and outside the EU, there is an additional cost involved in court proceedings that would not otherwise arise.
All three can be factored into your plans as soon as you are aware of them. The first step is not at all complicated. You find out which probate court has jurisdiction and inspect the will. From then on, it is a German inheritance case like any other, just with a few more steps involved.
Note on the content of this guide
The articles in this guide are intended to provide general information on inheritance law matters. They do not constitute legal advice and are no substitute for advice in individual cases. Whether a claim exists, and if so, to what extent, always depends on the circumstances of the specific case. Only a solicitor can provide a definitive assessment; in matters of inheritance law, this is usually a specialist solicitor in inheritance law.
All content is carefully researched and regularly reviewed. However, legislation and case law are subject to change. We are therefore unable to guarantee that the content is accurate, complete or up to date.
Note on the use of artificial intelligence
The articles in this guide are produced with the help of artificial intelligence and are editorially reviewed and approved.