Probate Court (Nachlassgericht)
In Germany, the probate court (Nachlassgericht) is a special division of the district court (Amtsgericht) at the place of the last habitual residence of the deceased. See § 343(1) of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (hereinafter: FamFG). If the deceased had no habitual residence in Germany when he died, the probate court at the place of his last habitual residence is the proper venue. See § 343(2) FamFG. If the deceased never had no habitual residence in Germany, the probate court in Schöneberg/Berlin is the proper venue. See § 343(3) FamFG.
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
- Disclaiming an inheritance under German law
- Executor of the Estate under German Law
- German Certificate of Inheritance
- German Inheritance and Probate Law - FAQ
- German-American Probate and Inheritance Law - FAQ
- Recognition of a Will executed under the laws of California in Germany
- Recognition of an American Will in Germany
- Taxation of U.S.-Trusts under the German Inheritance and Gift Tax Act