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Inheritance Law

A death in the family often brings deadlines, forms, and questions all at once — the certificate of inheritance from the probate court, the compulsory portion, the question of whether to accept an inheritance at all. As a civil-law-focused firm based in Landkreis Ebersberg and Rosenheim/Wasserburg, I guide you through the estate — personally and in plain language, before the Ebersberg Probate Court.

A death in Landkreis Ebersberg — the first steps

After a death, several urgent questions often arise at once: who inherits, do I need a certificate of inheritance, and do I even want to accept the inheritance? The deadline for disclaiming an inheritance already runs for six weeks from the point you became aware of it — so it pays to get a quick assessment before doing anything that could count as accepting the inheritance.

How I can help you

Compulsory portion, disclaiming an inheritance, statutory succession

Compulsory portion: Descendants, spouses, and parents who have been excluded from the succession by will can claim the compulsory portion from the heirs (§ 2303 BGB) — in value, half of the statutory share. To quantify it, you are entitled to information about the estate, on request also in the form of a notarial inventory of the estate (§ 2314 BGB).

Disclaiming an inheritance: Anyone who does not want an inheritance — for example, due to fear of over-indebtedness — must declare this to the probate court within six weeks of becoming aware of it, or within six months where there is a foreign connection (§ 1944 BGB). After the deadline expires, the inheritance is deemed accepted.

Statutory succession: Without a will, the deceased’s descendants inherit in equal shares first (§ 1924 BGB). The spouse inherits a quarter alongside them, or half alongside second-order relatives or grandparents (§ 1931 Abs. 1 BGB); if the couple lived under the statutory matrimonial property regime of community of accrued gains (Zugewinngemeinschaft), this share is increased by a further flat quarter (§ 1371 Abs. 1 BGB).

Why a local firm

The Ebersberg Probate Court (Ebersberg Local Court, Bahnhofstraße 19) is the central point of contact for inheritance matters in the district — short distances for certificate of inheritance applications and inventories of the estate. I support you in Landkreis Ebersberg and the Rosenheim/Wasserburg area in person, and by video consultation on request, without you having to install any software of your own.

Frequently asked questions

How do I apply for a certificate of inheritance at the Ebersberg Probate Court?
The certificate of inheritance is issued by the probate court on application and proves your right of inheritance, and where applicable your share, to banks, the land registry, and authorities (§ 2353 BGB). Jurisdiction generally lies with the probate court at the deceased's last place of residence — for Landkreis Ebersberg, that is the Ebersberg Local Court. I prepare the application, together with the required evidence (civil status documents, will if applicable), on your behalf.
How much is my compulsory portion and how do I enforce it?
If you were excluded from the succession by will as a descendant, spouse, or parent, you can claim the compulsory portion from the heirs (§ 2303 BGB) — its value corresponds to half of the statutory share. To calculate it, you first have a right to information about the estate against the heirs (§ 2314 BGB). I request this information on your behalf and then quantify and enforce your claim.
By when must I disclaim an inheritance if I don't want it?
The disclaimer must be declared to the probate court within six weeks of becoming aware of the death and the grounds for succession — if the deceased's last residence was abroad, or the heir is staying abroad, the period is six months (§ 1944 BGB). This deadline is short, particularly where there is a risk of an over-indebted estate. Have this reviewed without delay.
What does legal representation in inheritance law cost?
Fees are calculated under the German Lawyers' Fees Act (RVG) or by agreement, often based on the value of the estate or the amount in dispute. Legal expenses insurance generally does not cover inheritance law matters — but where the estate is of substantial value, the investment typically bears a good relationship to the financial outcome. I discuss the specific framework transparently at our first meeting.

Recent articles on Inheritance Law

The community of heirs can't agree – how do I divide the estate?

If co-heirs are blocking things, the estate doesn't have to remain undivided forever. I'll show you how to enforce the division, if necessary even against the resistance of others.

Certificate of inheritance at the Ebersberg Probate Court — how to apply

Without a certificate of inheritance, banks and the land registry often won't act. How to apply for one at the Ebersberg Probate Court, and what to watch out for.

How much is my compulsory portion and how do I claim it?

Excluded from an inheritance? How much your compulsory portion (Pflichtteil) is worth, what right to information you have against the heirs, and how I enforce it for you.

All guide articles →