Unknown Inheritance in Germany: Erbschein, Assets and the Deadline

A letter from a German probate court can create pressure to choose before you know what the estate contains. The useful first move is to separate three questions: why you may be called to inherit, what the notice actually asks you to do, and when any renunciation deadline began. An Erbschein is a certificate proving heirship in certain situations. It is not a general asset-search service, and applying for one is not a neutral way to gather information.

This guide is for someone who has received a Nachlassgericht notice and does not know the estate’s assets or debts. It explains the documents and deadlines to check. It cannot decide whether a particular person is an heir, whether conduct already amounted to acceptance, or whether accepting or renouncing is financially sensible.

First, read the court letter for what it says

Keep the envelope, every page of the notice, any enclosure, the case or file number, and the date you received it. Mark separately any response date or appointment stated by the court. Do not treat every court letter as an Erbschein application or an order to accept the estate. The notice may explain that you are being considered as an heir, request information, or relate to another step in the probate file. Its exact wording matters.

Write a short factual timeline: date of death if known; when you first learned of the death; when and how you learned that you might inherit; whether a will or inheritance contract is mentioned; and what you or anyone acting for you has done with estate property or documents. Keep what you know separate from what relatives, the court or online comments have merely suggested.

If you are unsure what the notice requests, contact the court using the contact details independently verified on its official website, and quote the file number. Ask what the letter requires, what records or copies may be available in your case, and what formalities apply to any response. Do not assume that an inquiry suspends, restarts or extends a statutory renunciation period. The sources below do not establish that it does.

An Erbschein application asks for more than information

An Erbschein is a certificate from the Nachlassgericht stating a person’s inheritance right and, where relevant, the size of that share. Section 2353 of the German Civil Code (BGB) provides for the certificate. But not every heir needs one: the federal Justiz-Services guide to the Erbschein explains that it is required only in certain cases. For example, a recipient may accept other proof such as a notarised will or inheritance contract; requirements can vary between banks, registries and other institutions.

The more important point when the estate is unknown is the application declaration. For an application based on statutory succession, § 352(1)(7) of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (FamFG) requires the applicant to state that they have accepted the inheritance. For an application based on a will or inheritance contract, § 352(2)(3) imports that declaration requirement. The federal service guide likewise says an Erbschein is needed only if the inheritance is accepted. So an Erbschein application should not be used as a neutral request for a list of assets. Before signing an application or sworn statement, understand what it says and obtain advice if you have not decided whether to accept.

The statute does not say that merely asking the court what a notice means is an Erbschein application. Keep those interactions distinct: ask procedural questions about the case, and do not sign or submit an acceptance declaration unless that is your considered decision. For statutory and will-based applications, the applicant must make the acceptance statement. Whether other conduct has already amounted to acceptance depends on the circumstances and is outside what a short guide can determine.

Check whether the renunciation period is running

Under § 1943 BGB, an heir cannot renounce after accepting the inheritance or after the renunciation period has expired; once the period expires, the inheritance is treated as accepted. Section 1944 BGB sets the usual period at six weeks. It generally starts when the person knows both that the inheritance has fallen to them and the reason they are called to inherit. If the entitlement arises from a testamentary disposition, the period does not start before the probate court announces that disposition. The period is six months in specified circumstances where the deceased’s last residence was only abroad or the heir was abroad when the period began.

That means the date of death is not automatically the start date in every case. It also does not mean that a court inquiry or request for records pauses the clock. If you might renounce, make a note of the facts relevant to the start date and get qualified German advice promptly. Do not wait for a complete picture of the estate if a deadline may be close.

A renunciation has formal requirements. § 1945 BGB says it must be declared to the Nachlassgericht, either for the record there or in publicly authenticated form. The court’s official Justiz-Services guide to renouncing an inheritance describes the usual process and says an ordinary letter alone is not enough. Verify the court’s current appointment, submission and authentication requirements. If you live outside Germany or the estate has a cross-border element, ask how the permitted form and deadline apply to your situation.

Build an information file without assuming the court has an inventory

A probate notice can establish that the court is dealing with a matter, but it does not necessarily tell you the estate’s net value. The cited Erbschein provisions describe proof of heirship and application requirements; they do not create a general promise that the court will provide a complete list of assets and debts before you decide.

Use a short document checklist:

• the complete court notice, envelope, case number and any will or inheritance contract referred to;
• records showing your relationship to the deceased and any relevant prior deaths or renunciations;
• a timeline of when you learned of the death, the inheritance reason and the court notice;
• any independently known property, accounts, business interests, loans, care costs or creditor letters, labelled with their source and date;
• a list of unanswered questions for the court, relatives who may know, a notary or a German inheritance lawyer.

When you contact the court, ask a precise procedural question rather than requesting “everything.” For example: “Does the file contain an opened testament or an inventory document that I may inspect as a person named in this notice, and what proof or form do you require?” The court decides what the file contains and what access is permitted. Do not state that you are an heir or that you accept unless you have verified the relevant facts and intend to make that statement.

A financial decision can depend on both estate assets and liabilities, the exact family tree, any will, and actions already taken. If the unknown debt risk could be material, an independent German lawyer or notary can review the documents and explain options. The federal Justiz-Services page notes that a notary may provide legal advice in connection with an Erbschein application; the probate court itself does not provide individual legal advice.

A practical order of operations

1. Preserve the full notice and record the receipt date, file number and every date mentioned.
2. Identify the stated reason you may inherit: statutory succession, will or inheritance contract, and any person whose earlier death or renunciation changes the order.
3. Calculate the possible § 1944 deadline from when you learned both the inheritance fell to you and why. If uncertain, treat the deadline as urgent and ask a qualified German adviser.
4. Ask the court only about the notice, file procedure and records it may disclose. Do not assume the inquiry supplies an estate inventory or pauses the deadline.
5. Before applying for an Erbschein, read the acceptance statement required by FamFG § 352(1)(7) or § 352(2)(3), as applicable and decide whether that is what you intend to declare.
6. If choosing to renounce, confirm the formal declaration route under BGB § 1945 and the court’s local process in time. If choosing to accept, ask a qualified adviser what proof, estate administration and liability issues follow in your facts.

For organizing the records, our case chronology guide explains how to keep source-linked dates distinct from assumptions, and litigation document organization covers a general file structure. The document naming and version-control guide can help keep original notices and later copies distinguishable. These are workflow resources, not German inheritance advice. Legal teams can also review our matter intake workflow for a reusable way to capture key dates and missing documents. If your team wants to map a document workflow, see Gotham Workflows or contact us.

This article provides general information, not legal advice. Verify current law and court procedure for the specific estate with a qualified German professional.

General information about German inheritance procedure, not legal advice. Whether you are an heir, whether conduct amounts to acceptance, what information the probate court can disclose, and which steps fit your circumstances require review of the notice and facts. Get qualified German advice promptly if the renunciation deadline may be running or the estate may have significant debts.
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