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Statutory succession: who inherits when there is no will?

If there is no will and no inheritance contract, statutory succession applies. It arranges the relatives into orders: first the children (and their descendants) inherit, then parents and siblings, then grandparents. The spouse inherits alongside them with their own share.

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Statutory succession divides the relatives into orders: descendants (1st order) exclude more distant relatives (§§ 1924 ff. BGB). The spouse inherits alongside relatives with their own share (§ 1931 BGB).
Alongside children, the spouse in the statutory matrimonial property regime generally inherits half, more alongside parents/siblings. If there are no relatives and no spouse, the estate ultimately passes to the state.

What you should do now

  1. 1

    1. Arrange the family

    Clarify which relatives there are. Children and their descendants (1st order) take precedence over parents and siblings (2nd order).

  2. 2

    2. Determine the spousal share

    The spouse inherits alongside the respective order with their own share, which depends on the matrimonial property regime.

  3. 3

    3. Calculate the shares of inheritance

    Within an order, inheritance is in equal parts; the descendants of predeceased children take their place.

  4. 4

    4. Consider arrangements

    If you want to deviate from statutory succession, you need a will or an inheritance contract.

How to spot the scam

  • People rely on 'the partner getting everything anyway', without a marriage certificate the partner does not inherit at all under the law.
  • Patchwork constellations lead to unwanted results.
  • An over-indebted estate is accepted without consideration.

Frequently asked questions

Who inherits without a will?

Statutory succession: first the children and their descendants (1st order), then parents and siblings (2nd order), then grandparents. The spouse inherits alongside them with their own share (§§ 1924 ff., § 1931 BGB).

How much does the spouse get?

That depends on the co-heirs and the matrimonial property regime. In the statutory regime of the community of accrued gains, the spouse generally inherits half alongside children, three quarters alongside parents/siblings. Unmarried partners do not inherit under the law.

Does the state inherit in the end?

Only if there are no relatives entitled to inherit and no spouse. Then the estate passes to the state (the treasury). As a rule, however, relatives of one of the orders are found.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.