Steps to Realize the Will of Your Deceased Husband

Steps to Realize the Will of Your Deceased Husband

Losing a loved one is one of life’s most difficult moments. In this time of grief, navigating the legal and financial complexities of inheritance can feel overwhelming. Whether real estate is involved, or family dynamics complicate the process, here’s a guide to help you honor your husband’s wishes and secure your rights.

1. General Steps to Realize the Will

The first steps apply to every situation:

Find and Validate the Will:
Secure the original will and ensure it meets the legal requirements. Submit it to the probate court in Germany to begin the process.
Apply for a Certificate of Inheritance:
If no notarized will exists, you may need a certificate of inheritance (Erbschein). This document confirms your right to inherit and requires the death certificate, the will (if available), and your identification.
Assess the Estate:
Create a detailed overview of all assets, including bank accounts, investments, real estate, and debts. Understanding the full picture is crucial for a smooth process.
Distribute the Estate:
Follow the instructions in the will or statutory inheritance laws to ensure the assets are distributed fairly and in line with your husband’s wishes.
 
2. If Real Estate Is Part of the Estate

If real estate is included, additional care is needed:

Verify Ownership:
Confirm if the property is free of mortgages or other encumbrances.
Appraise the Property:
A professional valuation will help determine its market value and inform your next steps.
Decide on Selling or Keeping the Property:
If you choose to sell, work with a trusted real estate agent and ensure all taxes are handled correctly. If you wish to keep it, ensure the title is transferred smoothly into your name.
 
3. If There Are Family Disputes

Conflict can make an already emotional time even harder, but there are ways to address disputes:

Understand Everyone’s Rights:
In Germany, certain family members, like children, may have compulsory shares (Pflichtteil), even if the will specifies otherwise.
Seek a Peaceful Resolution:
Mediation or open communication can often resolve misunderstandings or conflicts without resorting to legal action.
Take Legal Action if Necessary:
If no resolution is possible, a lawyer specializing in inheritance law can help assert your rights and protect the wishes of your husband. While court cases should be a last resort, they are sometimes necessary to uphold justice.
 
4. If There Are No Family Disputes

In cases without disputes, the process is simpler:

Communicate Openly:
Share the details of the inheritance with any other heirs and ensure transparency.
Honor the Will:
Work through the instructions step by step, distributing assets, transferring ownership, or liquidating funds as needed.
 
5. We’re Here to Help

Every inheritance situation is unique, and navigating the process can be daunting. Our experienced team is here to support you with care and understanding:

From verifying the will to managing complex family dynamics.
From handling legal and tax matters to ensuring real estate is sold or transferred smoothly.
From the very first step to the final transfer of assets to your name.
You don’t have to do this alone. Let us help you carry out your husband’s wishes and secure your future with compassion and professionalism. Reach out today, and we’ll guide you through every step of this difficult journey.