Quick Overview
German inheritance is automatic - debts included - which makes the 6-week disclaimer deadline the most dangerous date for expat families. This guide covers the Totenschein, Standesamt, Erbschein, widow pension, and inheritance tax step by step.
The First 48 Hours
- Call a doctor to certify the death and issue the Totenschein (medical death certificate). At home, call the on-call service (116 117) or emergency services if unexpected.
- Engage a funeral home (Bestattungsunternehmen) — German law requires burial/cremation through a licensed undertaker, and in most states the funeral home also handles the official registration.
- The death is registered at the Standesamt (civil registry office) of the place of death — by law within about three working days (exact deadline varies by federal state). Bring/provide: Totenschein, the deceased's ID, birth certificate, and marriage certificate if applicable.
Funeral costs in Germany run €4,000-10,000+ including the grave plot (grave fees are a major, often-underestimated cost). Cremation is usually cheaper than burial.
Getting the Sterbeurkunde (Death Certificate)
The Sterbeurkunde is issued by the Standesamt where the death was registered. Order at least 5-10 copies (~€12-15 for the first, less for additional copies) — banks, insurers, pension funds, and the tax office all want originals. For use abroad, request the international/multilingual version.
The 6-Week Deadline: Accepting or Disclaiming the Inheritance
Under German law, heirs inherit automatically — including debts. If the estate is insolvent, you must formally disclaim (Ausschlagung) at the probate court (Nachlassgericht):
- 6 weeks from learning of the death and your status as heir
- 6 months if the heir lives abroad or the deceased's last residence was abroad
Do nothing, and you have legally accepted the estate — debts included. This is the single most dangerous deadline for expat families.
The Erbschein: Certificate of Inheritance
Heirs prove their rights with an Erbschein from the Nachlassgericht (attached to the local Amtsgericht), unless a notarized will already names them clearly. You'll need it to:
- Access and close bank accounts (some banks accept a notarized will + opening protocol instead)
- Transfer real estate at the land registry (Grundbuchamt)
- Claim insurance and pension payouts
Apply with the Sterbeurkunde, family documents, and a sworn declaration — from abroad, applications can be made through a German consulate or a notary with power of attorney. Cost scales with estate value (e.g., ~€200-400 total for a €100,000 estate). Processing takes weeks to a few months.
German Inheritance Tax: 3-Month Notification
Anyone who acquires an inheritance must notify the Finanzamt within 3 months. Whether tax is actually due depends on generous allowances:
| Heir | Tax-Free Allowance | Rates Above (Class I) |
|---|---|---|
| Spouse | €500,000 | 7-30% |
| Child | €400,000 per child | 7-30% |
| Grandchild | €200,000 | 7-30% |
| Siblings, others (Class II) | €20,000 | 15-43% |
| Unrelated (Class III) | €20,000 | 30-50% |
The family home passes tax-free to a spouse (and to children up to 200m²) if they live in it for 10 years. If the estate spans countries, compare Spanish inheritance tax rates and get cross-border advice — double taxation treaties for inheritance are rare.
Steps When a German Spouse Dies: Checklist
- Doctor issues Totenschein (day 1)
- Funeral home engaged; Standesamt registration (days 1-3)
- Order 5-10 Sterbeurkunden (week 1)
- Notify banks, insurers, Deutsche Rentenversicherung, health insurer (weeks 1-2) — widow/widower pensions (Witwenrente) must be applied for, and a "death quarter" of full pension is paid for 3 months
- Check estate solvency — disclaim within 6 weeks if indebted
- Locate the will; the Standesamt/notary forwards registered wills to the probate court automatically
- Apply for the Erbschein if needed (weeks 2-8)
- Notify the Finanzamt within 3 months
- Transfer property, close accounts, file the deceased's final tax return
Frequently Asked Questions
How long do I have to register a death in Germany? About three working days at the Standesamt (varies slightly by state); the funeral home normally does this for you.
What is an Erbschein and do I always need one? The court-issued certificate of inheritance. Not always — a notarized will with the court's opening protocol often substitutes, but land registry transfers and many banks ask for one.
What happens if the estate has debts? You inherit them unless you disclaim at the probate court within 6 weeks (6 months if you live abroad).
Does a surviving spouse pay inheritance tax in Germany? Usually not — the €500,000 spousal allowance plus the tax-free family home covers most estates.
This guide was last updated in July 2026. Deadlines vary by federal state — confirm with the local Standesamt and Nachlassgericht.
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