How a Thai Wife Can Apply for a Certificate of Inheritance in Germany Without a Registered Marriage

When a Thai wife, married under Thai law but without a registered marriage in Germany, needs to apply for a certificate of inheritance (Erbschein) in Germany, the process can be complex. German inheritance law requires clear documentation of marriage and inheritance rights. Below is a step-by-step guide to navigate this process effectively.

Understanding the Legal Context

Recognition of Marriage:

A marriage performed under Thai law is not automatically recognized in Germany unless it has been registered with German authorities.

For inheritance purposes, the relationship must be proven to meet German legal standards for spousal rights.

Inheritance Rights in Germany:

Under German intestate succession laws (if there is no will), spouses are entitled to inherit.

If the marriage is not registered in Germany, additional steps are required to validate the spousal relationship.
 
Steps to Apply for a Certificate of Inheritance

1. Verify Eligibility
Before beginning the application process, confirm whether the deceased left a valid will. If a will exists:

The will should explicitly name the Thai wife as an heir.
If no will exists, the spousal relationship must be proven under German intestate succession laws.

2. Gather Required Documents
The following documents are typically required to apply for an Erbschein:

Death Certificate of the Deceased:

Must be an international version or officially translated into German.

Marriage Certificate:

Obtain a certified copy of the Thai marriage certificate.
Provide an apostille (international certification) from the Thai Ministry of Foreign Affairs.

Officially translate the marriage certificate into German by a certified translator.

Proof of Identity:

A valid passport or Thai national ID.

Proof of Residence:

If the Thai wife resides in Thailand, documentation such as a house registration book (Tabien Baan) is helpful.

Affidavit of Marriage Validity:

A legal document stating that the marriage complies with Thai law.

Will (if applicable):

If the deceased left a will, include the original or a certified copy.

3. File an Application with the Probate Court
Submit the application for an Erbschein to the Nachlassgericht (probate court) at the last residence of the deceased in Germany. The application should include:

A formal request for the certificate of inheritance.
All required supporting documents.

4. Attend the Probate Court Hearing
If the court requires clarification, the applicant may need to:

Attend a hearing (in person or virtually if allowed).
Provide additional documentation or testimony to confirm the marriage’s validity and inheritance rights.

5. Resolve Potential Disputes
If other heirs contest the Thai wife’s inheritance rights:

Engage a German inheritance lawyer to represent your interests.
Present evidence of the valid marriage and any relevant agreements.

6. Pay Applicable Fees
Court fees are based on the estate’s value. Be prepared to pay:

Application fees for the Erbschein.
Additional costs for translations, certifications, and legal representation (if required).
 
Additional Tips

Engage Professional Assistance:

Consider using services like Thai-German Heritage Assistance for navigating cross-border legal matters.
Document Authenticity:

Ensure all foreign documents are apostilled and translated by certified professionals to avoid delays.
Communication with Heirs:

Maintain open communication with other potential heirs to minimize disputes and foster cooperation.
 
Conclusion

Applying for a certificate of inheritance as a Thai wife married under Thai law without registration in Germany requires thorough preparation and a clear understanding of German legal requirements. By gathering the necessary documents, proving the validity of the marriage, and following the steps outlined above, the process can be successfully completed. Professional guidance can streamline the procedure and ensure your rights are upheld.