Statutory succession (gesetzliche Erbfolge) applies when someone dies without a valid will, and German law applies to the estate. That is usually the case if the deceased lived in Germany. See inheritance law in Germany.
The law follows a fixed system of orders of relatives, with a separate share for the spouse.
The Orders of Heirs
| Order | Who |
|---|---|
| First | children, grandchildren, great-grandchildren |
| Second | parents and their descendants (siblings, nieces, nephews) |
| Third | grandparents and their descendants (uncles, aunts, cousins) |
| Fourth and further | great-grandparents and their descendants |
Key rules:
- As long as one relative of a closer order is alive, relatives of later orders inherit nothing.
- Within an order, children share equally. If a child has died, their own children take their place.
- Adopted children are treated like biological children.
The Spouse's Share
The spouse or registered partner inherits alongside the relatives. The share depends on who else inherits and on the property regime.
With the default regime (community of accrued gains), the spouse receives:
| Other heirs | Spouse's share |
|---|---|
| Children or grandchildren | 1/2 |
| Parents, siblings or grandparents | 3/4 |
| None of these | everything |
The half alongside children consists of a quarter as the basic share and a further quarter as a flat equalisation of the accrued gains.
With a separation of property agreed in a marriage contract, the spouse shares equally with one or two children. With three or more children, the spouse receives a quarter.
Examples
- Married, two children: spouse 1/2, each child 1/4.
- Married, no children, both parents alive: spouse 3/4, each parent 1/8.
- Unmarried, one child: the child inherits everything. The partner inherits nothing.
- Single, no children, parents dead, two siblings: each sibling 1/2.
Who Does Not Inherit
- Unmarried partners, no matter how long you lived together.
- Stepchildren, unless adopted.
- Divorced spouses, and in some cases spouses during pending divorce proceedings.
If you want these people to inherit, you need a will. See making a will in Germany.
After the Death
The heirs inherit automatically, including debts. They can disclaim the inheritance within six weeks, or six months in international cases. See disclaiming an inheritance. To prove their status, they usually need a certificate of inheritance. Several heirs form a community of heirs.
Frequently Asked Questions
Does the surviving spouse get the house?
Not automatically. The spouse inherits a share of the whole estate, together with the other heirs.
Do children from a previous marriage inherit?
Yes, all biological and adopted children inherit equally from their parent.
Can I inherit if I live abroad?
Yes. Where the heir lives does not matter for statutory succession.
