Intestacy: Who inherits property without a will?
If there is no will or inheritance contract, the law dictates who inherits. In most cases, this is the spouse or registered civil partner, as well as children. Other relatives also benefit, depending on the degree of kinship. However, parents-in-law or brothers-in-law are not entitled to inherit if there is no specific provision by the deceased.
Succession ranks according to the German Civil Code (BGB)
The German Civil Code (BGB) distinguishes between different orders of succession, which determine who inherits first:
- First order (§ 1924 BGB): Children of the testator as well as grandchildren.
- Second order (§ 1925 BGB): The deceased's parents, siblings, nieces, and nephews.
- Third-party liability (§ 1926 BGB): Grandparents, uncles, aunts, cousins.
As long as there is an heir of the first order, relatives of the second or third order receive nothing. Only when the previous order is no longer occupied do other relatives move up.
Surviving spouse's share
The surviving spouse or civil partner generally inherits one-quarter of the estate alongside the deceased's children. If there are only relatives of the second degree besides the spouse, the surviving partner receives half.
In most marriages, the matrimonial property regime is that of community of accrued gains. In this case, the surviving spouse’s statutory share of the estate is increased by a further quarter, bringing their total share to 50% of the estate. This higher share reduces the children’s share accordingly.
Discretionary Succession: Will or Inheritance Contract
Deviating from the statutory law of succession, testators can freely determine who should inherit via a will or an inheritance contract. In this way, persons who would not be taken into account under the statutory law of succession can be appointed as heirs.
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Robert Schüßler
Property valuer (EIA and IHK)
