How Can a Thai Wife Claim Inheritance in Germany?

Dominik Lindner
Jan 05, 2025By Dominik Lindner

1. Introduction
Claiming inheritance in Germany can feel daunting for a Thai wife after the loss of her German husband, especially if they lived in Thailand. Understanding the legal requirements and necessary steps is crucial to ensure a smooth process. Thai-German Heritage Assistance is here to support you every step of the way, offering guidance, document preparation, and coordination with German authorities.

 
2. Understanding German Inheritance Laws
2.1 German inheritance law is governed by the Bürgerliches Gesetzbuch (BGB) and follows a strict legal framework for distributing assets.

2.2 If your husband left a will, its instructions will dictate the distribution of his estate. If no will exists, the estate will be distributed according to the rules of statutory succession in Germany.

2.3 As a surviving spouse, you are entitled to a significant share of the estate, whether through the will or statutory inheritance rules.

 
3. Determining Your Eligibility as an Heir
3.1 If you were legally married to your German husband, you are automatically recognized as a legal heir under German law.

3.2 Ensure you have official documentation, such as a marriage certificate, to prove your relationship. Thai-German Heritage Assistance can help with translations and notarizations required for German authorities.

3.3 If there are other heirs, such as children, the estate may be divided proportionally.

 
4. Applying for a Certificate of Inheritance
4.1 In most cases, you will need a Certificate of Inheritance (Erbschein) to access your late husband's assets in Germany.

4.2 Apply for the Erbschein at the Nachlassgericht (Probate Court) in Germany. The application process requires:

  • A valid death certificate.
  • Proof of your relationship to the deceased (e.g., marriage certificate).
  • The will, if available, or proof of statutory inheritance rights.

4.3 Thai-German Heritage Assistance can coordinate with the court, handle paperwork, and ensure the application is complete.

 
5. Managing Bank Accounts and Financial Assets
5.1 Notify your husband’s bank about his passing and provide a death certificate to secure the accounts.

5.2 Joint accounts may remain accessible, but individual accounts often require a Certificate of Inheritance before funds can be released.

5.3 Thai-German Heritage Assistance can communicate directly with German financial institutions to simplify the process.

 
6. Handling Property and Real Estate
6.1 If your husband owned property in Germany, it forms part of the estate. Ownership cannot be transferred until the probate process is complete.

6.2 Thai-German Heritage Assistance can help with property evaluations, legal documentation, and managing rental or sale options if needed.

6.3 If property is shared with other heirs, we assist in negotiating fair agreements to avoid disputes.

 
7. Addressing Tax Obligations
7.1 Inheritance in Germany may be subject to inheritance tax (Erbschaftssteuer). As a spouse, you are entitled to a tax-free allowance of up to €500,000.

7.2 Thai-German Heritage Assistance connects you with tax advisors to ensure compliance with German and Thai tax laws and to minimize liabilities.

7.3 If assets are transferred to Thailand, we guide you through any additional tax or financial considerations.

 
8. Dealing With Cross-Border Complexities
8.1 When inheriting from Germany while living in Thailand, cross-border regulations must be addressed, including currency exchange and legal recognition of documents.

8.2 Thai-German Heritage Assistance ensures all documents meet international requirements and helps coordinate between German and Thai authorities.

8.3 We assist with repatriation of funds, property management, or any specific needs related to the inheritance.

 
9. Seeking Professional Assistance
9.1 Thai-German Heritage Assistance provides personalized support to help you navigate the complexities of German inheritance law.

9.2 Our services include document preparation, communication with German institutions, and coordination with legal or financial experts.

9.3 With our expertise, you can focus on healing while we handle the administrative burdens.

 
10. Conclusion
Claiming inheritance in Germany as a Thai wife may seem overwhelming, but with the right guidance, it can be a smooth process. Thai-German Heritage Assistance is committed to helping you secure your rightful inheritance, ensuring legal compliance and reducing stress during this challenging time. Trust us to be your partner in safeguarding your future.