Applying for a Certificate of Inheritance: Germany vs. Thailand

When dealing with the complexities of inheritance, the legal processes in Germany and Thailand can differ significantly, especially for spouses or partners named in a will. Understanding these differences is crucial for navigating the legal systems effectively. Below, we explore how to apply for a certificate of inheritance (Erbschein in Germany) in both countries under two specific scenarios: as a spouse and as a partner named as an heir in the will.

 
1. Applying as a Spouse

Germany:

In Germany, a spouse has an automatic right to inheritance under the German Civil Code (Bürgerliches Gesetzbuch, BGB). The process for obtaining an Erbschein as a spouse involves:

Legal Basis:

The surviving spouse inherits according to intestate succession laws or as stipulated in a will.

The certificate of inheritance (Erbschein) confirms the spouse’s legal right to inherit.

Application Process:

The application must be filed at the probate court (Nachlassgericht) where the deceased last resided.

Required documents:

Death certificate of the deceased.
Marriage certificate.
Proof of the spouse’s identity (passport or ID).
Will (if available).

Costs:

Court fees depend on the value of the estate.

Timeline:

The process can take several weeks to months, depending on the complexity of the estate.

Tips for Success:

To avoid delays, ensure all documents are complete and valid. Seek professional advice if the estate includes international assets.

Thailand:
In Thailand, the legal framework for inheritance follows the Civil and Commercial Code. A spouse’s rights differ slightly:

Legal Basis:

A spouse inherits according to Thai intestate succession laws or as specified in a will.

A court order may serve a similar function as an Erbschein in Germany.

Application Process:

The spouse must petition the provincial court where the deceased last resided.

Required documents:

Death certificate.
Marriage certificate.
House registration book (Tabien Baan) of the deceased.
Proof of the spouse’s identity.
Will (if applicable).

Costs:

Legal fees vary but are generally lower than in Germany.

Timeline:

The process often takes a few months, though delays can occur if disputes arise.
 
2. Applying as a Partner Named in a Will
Germany:

For a partner who is not married to the deceased, inheritance rights exist only if explicitly named in a will.

Legal Basis:

Unmarried partners are not entitled to inheritance under intestate succession laws. A valid will is essential to establish the partner’s right to inherit.

Application Process:

The partner must apply for an Erbschein at the probate court.

Required documents:

Death certificate.
Valid and signed will naming the partner as an heir.
Proof of identity.

Costs:

Fees are calculated based on the estate’s value.
Timeline:

The process can be lengthy, particularly if the will’s validity is contested.
Thailand:

In Thailand, a partner’s inheritance rights depend entirely on being named in a will.

Legal Basis:

Unmarried partners have no inheritance rights without a will.

Application Process:

The partner must petition the provincial court.
Required documents:

Death certificate.
Valid and signed will naming the partner as an heir.
Proof of identity.
Evidence supporting the partner’s relationship with the deceased.

Costs:

Legal fees and court costs apply, though they are typically lower than in Germany.

Timeline:

The process can take several months, especially if the will is contested.
 
Key Differences Between Germany and Thailand

Legal Recognition of Spouses:

In both countries, spouses have rights to inheritance, but the process for proving these rights differs significantly.

Recognition of Partners:

Germany requires a valid will for partners to inherit, while Thailand’s process is more flexible but equally dependent on a will.

Role of the Court:

German probate courts issue certificates of inheritance (Erbschein), while Thai courts issue orders confirming inheritance rights.

Documentation:

Thailand’s process may require additional local documents, such as the house registration book.

Costs and Timelines:

Costs in Thailand are generally lower, but timelines can vary significantly in both countries depending on the complexity of the estate.
 
Conclusion

Navigating inheritance laws in Germany and Thailand requires an understanding of the distinct legal frameworks in each country. Whether you are a spouse or a partner named in a will, being prepared with the necessary documents and knowledge of the application process is essential. Professional assistance from experienced advisors like Thai-German Heritage Assistance can help streamline the process and ensure that your inheritance rights are protected.

If you need help with applying for an Erbschein in Germany or navigating Thai inheritance laws, contact us today for expert guidance.