Administrator

Under German law, there is no statutory administration of the estate by an executor or administrator. Instead, the estate (Nachlass) directly passes to the heir (Erbe) or – if there is more than one heir – to the community of co-heirs (Erbengemeinschaft) - upon the death of the decedent. If the testator did no appoint a German executor (Testamentsvollstrecker), the heir (Erbe) or the co-heirs (Miterben) administer the estate. However, if the heirs are unknown, they haven’t accepted the inheritance yet or if the shares of the heirs are uncertain, the probate court may, upon application, name an administrator (also referred to as curator of the estate), who will take the estate to secure the estate.


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Glossary

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