Sole Heir by Will with Mandatory Claims

As the sole heir named in a will, your authority to manage the estate is established. However, when mandatory claims (e.g., from children, spouses, or other dependents) exist, additional steps must be taken to ensure their legal entitlements are honored. This scenario requires balancing your rights as the heir with the claims of other beneficiaries.

You retain the primary authority to manage the estate and fulfill your loved one’s wishes as outlined in the will. However, the presence of mandatory claims means you must carefully address these obligations to ensure compliance with German law.

How the Process Works

Submit the Will to the Probate Court (Nachlassgericht): Begin the process by registering the will for legal validation and recognition of your rights as the heir.

Obtain the Certificate of Inheritance (Erbschein): This document formally acknowledges your role as the heir and outlines any mandatory claims.

Identify Mandatory Claims: Determine the rightful claimants, such as children or spouses, and calculate their shares under German inheritance law.

Negotiate or Settle Mandatory Claims: Work with the claimants to resolve their entitlements, ensuring that the estate remains aligned with the will.

Finalize the Estate Distribution: After resolving all claims, transfer the remaining assets to your name.

Your Next Steps

Managing an estate with mandatory claims can be complex, but you don’t have to navigate it alone. Our team is here to guide you through every step of the process, from ensuring mandatory claims are honored to securing your rightful inheritance.

Contact us today to begin. We’ll handle the legal and administrative details so you can focus on honoring your loved one’s wishes with confidence and care.