In Germany, everyone has the right to name their heirs individually. However, if a person dies without leaving a will or inheritance contract, the legal succession rules apply. This situation is quite common: according to a YouGov survey from August 2022, around 66% of Germans do not have a will. In approximately two-thirds of all deaths, inheritance is distributed based on statutory succession. This article explains how to determine who inherits within a family under German inheritance law.
How does inheritance law work?
The distribution of an estate follows degrees of kinship: first, children and grandchildren inherit, followed by more distant relatives like siblings, nieces, and nephews. Importantly, closer relatives exclude more distant ones from inheriting. For instance, if the deceased had children, siblings are not entitled to any share of the estate.
Spouses and statutory heirs
Spouses inherit alongside biological relatives. The share they receive depends on the presence and degree of the other heirs. Typically, the surviving spouse receives one quarter of the estate when heirs of the first order are involved.
German inheritance law categorizes heirs into three main classes:
- First order: children and grandchildren
- Second order: parents, siblings, nieces and nephews
- Third order: grandparents, aunts, uncles, and cousins
Relatives from a higher order exclude those of a lower one (Section 1930 of the German Civil Code, BGB). Thus, if the deceased leaves behind children, neither the parents nor the siblings are entitled to inherit, explains attorney István Cocron of the Cocron law firm. However, if there are no children, the estate is passed on to the parents or their descendants as second-order heirs.
The principle of representation
Within each class of heirs, the so-called principle of representation applies. For example: if a grandfather passes away, his children inherit as first-order heirs and represent their own descendants (i.e. the grandchildren). These grandchildren do not inherit directly if their parents are still alive. Likewise, nieces and nephews are only eligible to inherit if their parent (the deceased’s sibling) has already died.
The spouse’s right to inherit
In addition to biological relatives, the surviving spouse also inherits a share of the estate. This statutory right of inheritance influences the portions received by other heirs (Section 1931 BGB). The spouse receives:
- One quarter of the estate alongside heirs of the first order
- One half of the estate if the closest relatives are of the second order or grandparents
If the spouses were married under the community of accrued gains (Zugewinngemeinschaft) and no marriage contract was in place, the spouse’s share may increase to one half (Sections 1931(3) and 1371 BGB).
First-order heirs
First-order heirs are the direct descendants of the deceased. If only one child survives, that child inherits together with the spouse. If multiple children are alive, the estate is divided equally between them and the surviving spouse.
Within this group, the inheritance is split by lineage – each child forms a separate line. If a child predeceases the testator, their share passes to their own children. Illegitimate children born after July 1, 1949, have the same inheritance rights as children born in wedlock.
Second-order heirs
If there are no heirs of the first order, the estate passes to second-order heirs. These include the deceased’s parents and their descendants, such as siblings, nieces, and nephews. The estate is divided by lineage: parents and their children inherit in equal shares. If one parent has already died, their share is passed on to the children from that line – i.e., the siblings of the deceased.
Third-order heirs
If there are no surviving heirs from the first or second order, more distant relatives are considered. These include grandparents and their descendants, such as aunts, uncles, and cousins.
Adopted children
By law, adopted minors are treated as biological children and therefore qualify as first-order heirs (Section 1754 BGB). Adoption terminates the legal relationship with the biological parents, meaning they are no longer entitled to inherit. Adults adopted after the age of 18, however, retain legal ties to their biological family and may inherit from both families – in some cases, receiving up to four shares of different estates.
When the state inherits
If no heirs can be identified, or if all eligible heirs renounce their inheritance, the German state becomes the legal heir. Specifically, the federal state where the deceased last resided takes ownership of the estate. However, the state only assumes liability for debts to a limited extent (Section 1936 BGB).
