How Does the Legal Succession Work If My Partner Did Not Have a Will?

1. Understanding Legal Succession in Germany
1.1 Legal succession, also known as intestate succession, determines how a deceased person’s estate is distributed when no valid will is in place. In Germany, this process is strictly governed by the German Civil Code (Bürgerliches Gesetzbuch, BGB) and prioritizes close family members.

1.2 As a spouse or partner, your inheritance rights depend on your marital status, the presence of children, and the specific assets in question.

 
2. Who Inherits First Under Legal Succession?
2.1 Spouse and Children
The deceased’s children and spouse are the primary heirs. The estate is divided between them, with the spouse receiving a larger share if married under the community of accrued gains (Zugewinngemeinschaft), the default marital property regime in Germany.

2.2 Parents and Siblings
If the deceased has no children, the next in line are their parents and siblings. The surviving spouse will share the inheritance with these relatives.

2.3 More Distant Relatives
In the absence of children, parents, or siblings, more distant relatives such as grandparents or their descendants may inherit.

2.4 The State as the Last Resort
If no relatives can be identified, the estate ultimately goes to the state.

 
3. The Spouse’s Share in Legal Succession
3.1 Marriage and Property Regime
The spouse’s share depends on the marital property regime:

In community of accrued gains (Zugewinngemeinschaft), the spouse typically inherits 50%, with the other 50% going to the children.
In other property regimes, such as separation of property (Gütertrennung), the division may differ, often resulting in equal shares between the spouse and children.

3.2 No Marriage
If you were not legally married to your partner, you generally have no automatic inheritance rights under German law, unless specifically included in a will.

 
4. How Is the Estate Divided Among the Spouse and Children?

4.1 With One Child
The estate is divided equally between the spouse and the child. For example, in the Zugewinngemeinschaft, the spouse receives 50%, and the child gets 50%.

4.2 With Multiple Children
The spouse retains 50% of the estate, while the remaining 50% is divided equally among all children.

 
5. Rights to Specific Assets
5.1 The Marital Home
If the marital home was jointly owned, you might have rights to continue living there. German law allows for an application to the court to secure the marital home, even if it technically becomes part of the estate.

5.2 Joint Bank Accounts
Funds in joint accounts may not automatically belong entirely to you. The deceased’s share typically forms part of the estate.

5.3 Pensions and Insurance Policies
You may be entitled to a widow’s pension or other benefits, which are separate from the inheritance.

 
6. Intestate Succession and Debts
6.1 When inheriting under legal succession, you also inherit the deceased’s debts. You can, however, choose to:

Accept the inheritance as is.
Reject the inheritance if debts outweigh assets, within six weeks of becoming aware of the inheritance.
 
7. Steps to Take as the Surviving Partner
7.1 Establish Your Rights
Gather documentation proving your marital status or relationship. This may include marriage certificates, joint property deeds, or other shared financial records.

7.2 Identify the Heirs
Work with a lawyer or executor to identify all legal heirs and establish the division of the estate.

7.3 Handle Debts and Claims
Assess the estate’s liabilities carefully to decide whether to accept or reject the inheritance.

 
8. What to Do If You Were Not Married?
8.1 If you were not married, you do not have automatic inheritance rights. However, you may:

Claim compensation if you contributed significantly to building your partner’s wealth.
Explore whether you were named in insurance policies, pensions, or other financial instruments.
 
9. Seeking Legal Advice
9.1 Legal succession can be complex, especially when multiple heirs are involved. Consulting with a lawyer specializing in inheritance law can help ensure your rights are fully protected and disputes with other heirs are minimized.

 
10. Conclusion
Legal succession in Germany provides a clear framework for distributing estates when no will is in place. As a spouse or partner, understanding your rights and the process is crucial to securing your inheritance. If you are not married, planning ahead with your partner is essential to avoid complications and ensure financial security.