🌳 Statutory succession: who inherits without a will?
In brief
If there is no will, the law determines the heirs.
First order: the children and their descendants. Children inherit in equal shares. If a child is no longer alive, that child's children inherit in its place.
Second order: the deceased's parents and their descendants, for example siblings. They inherit only if there are no children.
The spouse inherits alongside the relatives. Alongside children, the spouse receives one quarter. Alongside relatives of the second order or grandparents, the spouse receives one half. Under the community of accrued gains (Zugewinngemeinschaft), a further quarter is added.
Divorced spouses do not inherit (§ 1933 BGB); the exclusion applies even before the divorce becomes final if the deceased had applied for the divorce or agreed to it and its requirements were met. Unmarried partners inherit nothing under the law.
Step by step
- Check whether a will or contract of inheritance existsStatutory succession applies only where there is no last will.
- Clarify family relationshipsChildren, parents, siblings, spouse: who is still alive, who died earlier?
- Clarify the marital property regimeCommunity of accrued gains or separation of property changes the spouse's share.
- If unsure, consider a certificate of inheritanceOn application, the probate court confirms the right of inheritance.
Deadlines
- Under separation of property, the spouse and one or two children share in equal parts (§ 1931 Abs. 4 BGB).
- Without marriage there is no statutory right of inheritance between partners. Then only a will helps.
- If there are no relatives and no spouse, the state inherits under the law (§ 1936 BGB).
In depth · legal basis, figures and practice – for advisers and professionals
First order
Under § 1924 BGB, statutory heirs of the first order are the testator's descendants. A descendant alive at the time of death excludes the descendants related to the testator through them. If a descendant died earlier, that descendant's descendants take their place. Children inherit in equal shares.
Second order
§ 1925 BGB: heirs of the second order are the testator's parents and their descendants. If both parents are alive, they inherit alone and in equal shares. If one parent died earlier, that parent's descendants take their place. If there are no descendants, the surviving parent inherits alone.
Spouse
§ 1931 BGB: the surviving spouse inherits one quarter alongside relatives of the first order, and one half alongside relatives of the second order or alongside grandparents. If there are neither relatives of the first or second order nor grandparents, the spouse receives the entire inheritance (§ 1931 Abs. 2 BGB). Because of § 1371 BGB, under the community of accrued gains the statutory share rises by a flat rate of one quarter of the estate, regardless of whether any gains were made. If the spouse disclaims, they can claim equalisation of accrued gains and the compulsory portion (§ 1371 Abs. 3 BGB).
Limits of this page
Third and more remote orders, inheritance law where foreign law governs succession, and the state's right of inheritance (§ 1936 BGB) are not covered in depth here. The spouse's right of inheritance is excluded if, at the time of death, the requirements for divorce were met and the testator had applied for the divorce or agreed to it (§ 1933 BGB).
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