Who inherits if there is no will?

Without a will, statutory succession applies. Who inherits, what share the surviving spouse receives, and what this means for you in Landkreis Ebersberg.

Not every inheritance is governed by a will. If there is no testamentary disposition, relatives immediately face the question: who actually inherits, and in what share? The law answers this through statutory succession (gesetzliche Erbfolge).

Who inherits first?

Without a will, the deceased’s descendants inherit first — children, or, where a child has predeceased the parent, that child’s own children (succession by stirpes) — in equal shares (§ 1924 BGB). A living descendant excludes from succession any further descendants related to the deceased through that living descendant.

What share does the surviving spouse receive?

Alongside descendants (first-order relatives), the surviving spouse inherits a quarter of the estate; alongside second-order relatives or grandparents, a half (§ 1931 BGB). If the spouses lived under the statutory matrimonial property regime of Zugewinngemeinschaft (community of accrued gains) — the default regime where there is no marriage contract — this share of the spouse increases by a flat further quarter of the estate, regardless of whether an actual gain was achieved in the individual case (§ 1371(1) BGB). Alongside descendants, the surviving spouse therefore frequently inherits half of the estate.

How I can help you

• Calculating the inheritance shares in your specific family situation
• Clarifying whether and how a community of heirs arises and how it is dissolved
• Preparing the application for a certificate of inheritance at the Ebersberg Probate Court
• Assessing whether disclaiming the inheritance or a compulsory portion issue is relevant

How I proceed

I first establish the relevant order of succession and the shares of those involved, clarify the spouses’ matrimonial property regime, and, where necessary, prepare the application for a certificate of inheritance at the Ebersberg Probate Court. Where there are several heirs, I also support you through the dissolution of the community of heirs. You’ll find an overview of the compulsory portion, disclaiming an inheritance and the certificate of inheritance on the Inheritance Law page.

Not sure who inherits in your case, and in what share? Get in touch — I’ll clarify this for you at the initial consultation.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-06-24.

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