heir (Erbe)
Under German law, the estate (Nachlass) passes directly to the heir (Erbe) or, if there is more than one heir, to the community of co-heirs. See § 1922 of the German Civil Code (BGB). The heir (Erbe) is the universal successor of the deceased and “steps into the shoes of the deceased”. Unless there is a German executor (Testmamentsvollstrecker) the heir or the community of co-heirs administers the estate. Other persons like the legatee or the forced heir, only have a personal claim against the heir and have no administration right.
Related publications
- Administration of a nonresident Decedent’s German Assets
- Administration of a U.S. Domiciled Decedent’s German Assets by a U.S. Personal Representative
- Collection of a German Bank account of a Deceased domiciled abroad
- Community of Co-Heirs in Germany
- Disclaiming an Inheritance in order to avoid German Inheritance Tax
- Disclaiming an inheritance under German law
- Estate Planning for U.S. persons with Property in Germany: German Situs Will or Global Will?
- Executor of the Estate under German Law
- Forced Heirship under German Law
- German Certificate of Inheritance
- German Inheritance and Probate Law - FAQ
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- Gifts in German Civil Law
- Liability for Estate Debts in Germany
- Mandates in German Civil Law and their use in international Estate Planning
- Mental Incapacity and Will Contests in Germany
- Preliminary and Subsequent Heirs under German Law
- Usufruct in German Civil and Tax Law – Introduction
- Wills in Germany