🏠 Bank account, property and digital estate
In brief
Your inheritance includes accounts, property, contracts and also digital accounts.
Banks require proof of your right of inheritance. A certificate of inheritance is not always needed. The Federal Court of Justice has ruled that a bank may not generally demand a certificate of inheritance from consumers. Where there are specific doubts, it may demand one in an individual case.
For a property, the land register must be corrected. For this you need proof of succession.
Digital accounts can be inherited. The Federal Court of Justice has ruled that heirs can demand access to a Facebook account including its content.
Step by step
- Inform the bankWith the death certificate and proof of succession. Ask which proof suffices.
- Check propertiesLand register extract, encumbrances, running costs.
- Collect digital accountsE-mail, social networks, contracts, subscriptions: record access details and providers.
- Terminate or take over contractsDo not forget ongoing contracts and costs.
Deadlines
- Do not dispose of estate accounts alone if you are in a community of heirs.
- Separate rules of proof apply to the land register. This is not checked here.
- Crypto assets, passwords and powers of attorney beyond death are not covered here.
- Contracts with deadlines may keep running and cause costs.
In depth · legal basis, figures and practice – for advisers and professionals
Account
On 8 October 2013 (XI ZR 401/12, BGHZ 198, 250) the Federal Court of Justice declared a clause in the general terms and conditions of a savings bank, which allows proof of the right of inheritance only by certificate of inheritance, invalid towards consumers under § 307 Abs. 1, Abs. 2 Nr. 1 BGB. The heir can also prove their right of inheritance in another way, for example, with a notarial will, by the document together with the record of opening. Where there are specific doubts, the bank may demand a certificate of inheritance in an individual case.
Property
No primary sources were checked on the land register, correcting the land register and costs. For co-heirs, the rules of the community of heirs apply (§§ 2038, 2042 BGB).
Digital estate
According to the press release of the Federal Court of Justice on the judgment of 12 July 2018 (III ZR 183/17), the user contract for an account in a social network passes to the heirs under § 1922 BGB; the terms of use do not exclude this. It is not of a strictly personal nature. Digital content is treated like diaries and personal letters, which are also inheritable. Data protection and telecommunications secrecy do not stand in the way of inheritance. Whether this can be transferred to other providers and services has not been checked here.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.