'Writing a Will in Germany as a Foreigner: How to Arrange Your Estate and
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A will in Germany is not mandatory, but for a foreigner it often solves a key problem: deciding in advance who will receive the assets, who will handle the estate, and which law should apply to an international situation. Without a will, the German statutory order of succession applies, and an unmarried partner, friends, business partners, and other close people outside the family usually receive nothing.
The material below explains the basic rules as of 2026: which forms of wills are recognized in Germany, when you need a notary, what Pflichtanteil is, how renouncing an inheritance works, why you may need an Erbschein, and which tax allowances matter for heirs. This is an informational overview, not individual legal or tax advice.
When a Foreigner in Germany Especially Needs a Will
Almost anyone with assets or family circumstances more complicated than the standard “spouse and shared children” setup should consider a will. It is especially important not to postpone it if you have:
- real estate in Germany or abroad;
- a business, a company share, or significant investments;
- children from different marriages;
- minor children;
- an unmarried partner;
- relatives or assets in several countries;
- a wish to leave part of your estate to friends, a charity, or someone outside the family;
- a risk that heirs will argue about shares, debts, or access to accounts.
German inheritance law does not distribute assets based on what would feel “fair within the family.” It follows formal rules. That means the person you consider closest may not be an heir unless you state it directly in a will.
Key German Terms
In documents and correspondence with the probate court, you will often see terms like these:
| German term | Meaning |
|---|---|
| das Testament | will |
| der Erblasser / die Erblasserin | testator, deceased person |
| das Erbe | inheritance, estate |
| der Erbe / die Erbin / die Erben | heir / female heir / heirs |
| gesetzliche Erbfolge | statutory succession without a will |
| der Pflichtteil / Pflichtanteil | compulsory share of a close relative |
| das Nachlassgericht | probate court at the Amtsgericht |
| der Erbschein | certificate of inheritance |
| die Testamentseröffnung | formal opening and reading of the will |
| der Notar / die Notarin | notary |
Which Types of Wills Are Recognized in Germany
In Germany, the two most common options are a handwritten will and a notarized will.
Handwritten Will
A handwritten will is called an eigenhändiges Testament. Under § 2247 BGB, it must be written by hand and signed by the testator. In practice, people also include the place and date, because without them disputes may later arise about validity or about which will was the latest.
Important: a printed text with a signature does not replace a handwritten will. If you type a document on a computer, print it, and sign it, that is usually not enough for the German formal requirements of a handwritten will.
You can write a will in a language other than German, but during inheritance proceedings you will almost certainly need a certified translation. If the estate has an international aspect, it is better to discuss the language and wording with a notary or lawyer in advance.
Notarized Will
A notarized will is executed before a German notary. The notary checks legal capacity, helps formulate the provisions, certifies the document, and usually submits the information for registration and safekeeping. This option is more expensive than a handwritten will, but it reduces the risk of formal mistakes.
A notary is especially useful if the case involves real estate, a business, a marriage contract, children from different relationships, heirs in different countries, or a choice of applicable law.
Where to Store a Will
You can keep a handwritten will at home, but that is risky: it may not be found, it may be lost, or it may be challenged. A safer option is to place it in official safekeeping with the Nachlassgericht. Wills can also be registered in the Zentrales Testamentsregister of the Federal Chamber of Notaries so that, after death, the court can find out that the document exists.
What Happens Without a Will
If there is no will, gesetzliche Erbfolge applies, meaning the statutory order of succession. In broad terms, it works like this:
- children and the spouse or registered partner inherit first;
- if there are no children, parents, siblings, or their descendants may inherit;
- if there are no close relatives, succession gradually passes to more distant relatives;
- if no heirs are found, the estate may pass to the state.
For spouses, it is often surprising that the surviving partner does not always receive everything. Under the typical matrimonial property regime (Zugewinngemeinschaft), if there are children, the spouse usually receives half of the estate and the children split the other half. If there are no children, but the deceased’s parents or their descendants are alive, the spouse may share the inheritance with them.
An unmarried partner is not treated the same as a spouse. If you want such a partner to receive assets, a right to remain in the home, or access to other assets, that must be arranged separately.
You Inherit Debts as Well as Assets
An heir receives not only the deceased’s assets, but also their obligations. If the debts exceed the assets, the inheritance can be rejected through Ausschlagung der Erbschaft. Under § 1944 BGB, the standard deadline for renunciation is six weeks from the moment the heir learns about the inheritance and the basis for being called to inherit. The period can be six months if the deceased’s last address was only abroad or if the heir was abroad when the period began.
The renunciation is made through the probate court or before a notary. You cannot choose only the assets and reject the debts: the inheritance is accepted or rejected as a whole. If the deadline is missed or the inheritance has already been accepted, renunciation is usually no longer possible under § 1943 BGB.
How to Leave Assets to a Spouse: Berliner Testament
For spouses and registered partners, the Berliner Testament is a common option. In it, the partners appoint each other as heirs, and the children or other persons inherit only after the death of the second partner.
This can be convenient if you want to protect the surviving spouse, for example to preserve the home or avoid dividing the estate immediately after the first death. But the Berliner Testament has limits. Children may already have a right to a compulsory share after the death of the first parent, and the tax consequences can sometimes be less favorable than they seem. Unmarried partners cannot use this type of joint spousal will in the same way.
Does German Law Apply to a Foreigner
For estates with an international element within the EU, the European Succession Regulation applies. The general rule is that the law of the country of the deceased’s habitual residence at the time of death applies. For someone who permanently lives in Germany, this often means German inheritance law.
At the same time, a person can make a Rechtswahl, meaning a choice of the law of their nationality, in the will. This is an important tool for foreigners, but it must be worded carefully. The United Kingdom, Ireland, and Denmark have special features in relation to this regime, and assets outside the EU may be subject to additional rules of the relevant country.
If you already have a foreign will, Germany may recognize it if the formal requirements and applicable law are met, but in practice the procedure may require a translation, verification of the heirs’ authority, and sometimes additional documents. If you have real estate or assets in several countries, it is better not to rely on a generic template.
What Makes a Will Valid
For a basic review of a German will, four blocks matter:
- the testator has the required testamentary capacity;
- the form is valid: handwritten text with a signature or notarization;
- the date and place make it possible to determine when the document was created and which disposition is the latest;
- the content does not violate mandatory rules, such as compulsory share rights.
A handwritten will may look simple, but mistakes often arise in the details: unclear shares, conflicting dispositions, confusion between an heir and a legatee, overlooked debts, property abroad, or the absence of an executor where one is needed.
What Is Pflichtteil
Pflichtteil is a compulsory monetary share for certain close relatives if they are excluded from the inheritance or receive less than the minimum. This usually concerns children, a spouse or registered partner, and in some cases the deceased’s parents.
The compulsory share amounts to half of what the person would have received under statutory succession. For example, if a child would have received 25% of the estate by law, their compulsory share would be 12.5% of the estate’s value. As a rule, this is a monetary claim against the heirs, not an automatic transfer of a specific asset.
It is possible to deprive someone of the compulsory share only in exceptional cases provided for by law. Bad relationships, lack of contact, or family conflict are usually not enough on their own.
Erbschein and Access to the Estate
An Erbschein is a certificate of inheritance. It confirms who the heir is and in what share. The document is often needed by banks, the land registry, and other institutions if the heirs’ rights cannot be proven by a notarized will or a European Certificate of Succession.
Obtaining an Erbschein can take weeks or months, especially if there are several heirs, foreign documents, or a dispute over entitlement. That is why, for families with shared expenses, it is useful to discuss bank powers of attorney, authority in the event of death, and procedures for access to accounts in advance. Such documents must be arranged directly with the bank and checked for their effect after the account holder’s death.
How Much a Will Costs
A handwritten will itself is free. Additional costs arise if you place it in official safekeeping, register the information, or go to a notary.
Notarial fees in Germany are regulated by the Court and Notary Costs Act (GNotKG) and depend on the value of the estate and the type of document. A notary cannot freely set a price by agreement: they must charge the statutory fees. That is why it is better to calculate the exact amount using the current fee table or a notarial fee calculator.
Older articles often contain sample notarial fee tables, but they should not be used as an individual calculation. The final amount depends on the value of the estate, whether the will is joint or individual, safekeeping, registration, and accompanying certifications.
Inheritance Tax in Germany
Inheritance and gifts are regulated by the Erbschaftsteuer- und Schenkungsteuergesetz (ErbStG). As of 2026, the basic tax-free allowances under § 16 ErbStG are:
| Heir or recipient of a gift | Tax-free amount |
|---|---|
| spouse or registered partner | 500,000 euros |
| children and children of deceased children | 400,000 euros |
| grandchildren, if their parent is alive | 200,000 euros |
| other persons in tax class I | 100,000 euros |
| persons in tax class II | 20,000 euros |
| persons in tax class III | 20,000 euros |
The tax rates under § 19 ErbStG depend on the tax class and the amount of the taxable acquisition. For tax class I, they start at 7% and go up to 30%; for class II, from 15% to 43%; for class III, from 30% to 50%.
Lifetime gifts can use the same allowances, and the allowance can generally be used again within a ten-year period. But such arrangements should not be treated as a universal way to “zero out the tax”: asset valuation, previous gifts, tax residence, family relationships, and possible compulsory share claims all matter.
Practical Checklist
Before drafting a will, gather a basic overview:
- a list of assets in Germany and abroad;
- a list of debts, loans, and guarantees;
- marital status and data on all potential heirs;
- the marriage contract or information about the spouses’ property regime;
- documents for real estate and business assets;
- bank accounts, insurance policies, and pension products;
- previous wills, inheritance contracts, and gifts;
- wishes regarding guardianship of minor children;
- a decision on whether to choose the law of your nationality;
- contact details for a notary, tax adviser, or lawyer.
If the situation is simple, a handwritten will may be sufficient. If there is real estate, children from different relationships, assets in several countries, or substantial amounts involved, it is better to prepare the document with professional help.
FAQ
Can I Write a Will in Russian?
Yes, a handwritten will does not have to be in German, but a translation will be required during inheritance proceedings. If the estate is connected to Germany, a German text or notarization often reduces the risk of disputes.
Can I Appoint a Guardian for Children in a Will?
You can state your wishes regarding guardianship, but the final decision is made by the competent authority based on the child’s best interests. It is worth coordinating the wording with a specialist in family and inheritance law.
Does a Will Need to Be Registered?
A handwritten will kept at home can be valid without registration, but it may not be found. Official safekeeping and registration through the German system increase the chance that the document will be taken into account after death.
Does a Will Replace Tax Planning?
No. A will determines succession, but it does not automatically solve the tax consequences. For major assets, real estate, and gifts, a separate tax calculation is needed.
Key Takeaway
For a foreigner in Germany, a will is not only about distributing assets, but also about managing international risks. The most important decisions are choosing the form of the will, clearly naming the heirs, taking compulsory shares into account, checking the tax consequences, and not forgetting the law that should apply to the inheritance.
For a general understanding of the topic, the related article Funerals in Germany may also be useful. In complex cases, the final wording of a will is best reviewed by a German notary, a lawyer specializing in inheritance law, and, if needed, a tax adviser.
