Family & health

Residence, family, health and the paperwork of life.

Inheritance guide

Residence, family, health and the paperwork of life.

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Inheritance guide

What really happens in Germany if one of you dies — and how to route the maximum to the one who stays. Answer six questions; the law does the rest.

Your status:
Children:Are the deceased's parents/siblings alive?
Family home (you live in it) is part of it?Non-German citizenship?
Will (Testament)?

Without a will, the law decides

Surviving partner75% · €225,000
Parents/siblings of the deceased25% · €75,000

Inheritance tax for the survivor

Under the allowance — €0 inheritance tax.

Spouses get up to €256,000 extra provision allowance (reduced by survivor-pension value) — often pushing the tax to zero.

Route the maximum to the survivor — in this order

1. Berlin will (Berliner Testament)

You appoint each other sole heir; children inherit only after both died. Caveat: children can still claim their Pflichtteil in cash on the first death — a penalty clause (Pflichtteilsstrafklausel) deters that. The survivor is bound after the first death.

2. Use the family-home exemption

The self-occupied home passes to the spouse 100% tax-free — independent of the €500k allowance — if the survivor keeps living in it for 10 years.

3. Cross-owned life insurance

If each partner owns the policy on the OTHER's life and pays the premium, the payout is not part of the estate — for unmarried couples often the only big tax-free channel.

4. Choose your home country's law (EU rule)

As a foreign citizen, German law applies by default (habitual residence, EU 650/2012). One sentence in the will can choose your nationality's inheritance law instead — sometimes better for the survivor. Cross-border cases deserve a professional.

5. Survivor pension (Witwenrente)

Spouses get 55% of the deceased's pension (plus 3 full months first — Sterbevierteljahr). Caution: the marriage must have lasted at least 1 year. Unmarried partners get nothing.

The after-death folder — have it ready

  • • Handwritten will, signed, dated
  • • Vorsorgevollmacht (power of attorney)
  • • Patientenverfügung (living will)
  • • Life-insurance beneficiary forms
  • • Deposit the will at the probate court (small fee)

Educational orientation with 2025/26 figures (BGB succession, ErbStG allowances) — not legal or tax advice. Cross-border estates and big sums belong with a notary or specialist lawyer.

Official German sourcesLast updated: Reviewed regularlyMethodology