INHERITANCE LAW NUREMBERG

Inheritance Law in Nuremberg

When an estate reaches across borders, one question comes first: which law governs it? We answer that and take on the administration before the Nuremberg probate court (Nachlassgericht Nürnberg), whether assets sit abroad or the deceased and the heirs are spread across several countries. Our focus is international inheritance law.

Cross-Border Inheritance Is Our Focus

In an internationally connected region like Nuremberg, an estate rarely stops at the border. A holiday home in Italy, an account in Switzerland, a deceased person with foreign citizenship, or heirs who live abroad: as soon as a connection like this is present, the first question is not who receives what, but which law applies at all. The answer decides who inherits and what the family members are entitled to.

That is what our work is built around. We administer the estate before the Nuremberg probate court (Nachlassgericht Nürnberg) and, where possible, assess the foreign law within our own team rather than passing you on to colleagues abroad. For how we handle cross-border estates in detail, see our page on international inheritance law and estate administration.

Inheritance advice is part of what we offer at Leipziger Platz in Nuremberg. For the other areas of law we cover locally, see the page on our Nuremberg law firm.

The EU Succession Regulation Determines the Applicable Law

Since 2015, countries in Europe no longer answer this question individually. The EU Succession Regulation sets a single law for the entire estate. Four points decide the outcome, from the applicable law to proving heirship abroad.

One Law for the Entire Estate

The EU Succession Regulation has applied since 17 August 2015. It places the entire estate under a single law instead of splitting it up by country or type of asset. For heirs, that means one legal system rather than several that contradict one another, and a dependable basis for administering the estate.

Habitual Residence under Article 21

What matters is not nationality but the deceased's habitual residence at the time of death. Where that was depends on the person's overall circumstances and is not always clear when someone divided their life between two countries. We establish the place of residence before it becomes a point of contention among the heirs.

Choice of Law under Article 22

Article 22 offers a way to steer the outcome: anyone who wishes can choose the law of their home country in a will or a contract of inheritance (Erbvertrag). This settles during your lifetime which succession law will apply, regardless of where a later move may lead. We draft this choice of law and align it with the rest of the will and your succession planning.

European Certificate of Succession

A German certificate of inheritance (Erbschein) is often of little help abroad. The European Certificate of Succession closes that gap and proves your standing as heir, legatee or executor in every EU member state except Denmark and Ireland. It is issued on application by the competent probate court. We apply for it and put it to use with banks, land registries and authorities abroad.

The Nuremberg Probate Court

If the deceased had their last habitual residence in Nuremberg, the Nuremberg Local Court (Amtsgericht Nürnberg), sitting as the probate court (Nachlassgericht), has jurisdiction; it is located at Flaschenhofstraße 35. It opens wills and contracts of inheritance, issues the German certificate of inheritance (Erbschein) and the European Certificate of Succession, and receives disclaimers of inheritance. When someone dies, it secures the estate as far as that is necessary.

Some matters expressly do not belong before the probate court: inheritance tax, as well as disputes among co-heirs over how the estate is divided and claims arising from a legacy. For these you need legal advice and, where it is required, representation. We apply for the certificate of inheritance and the Certificate of Succession on your behalf and conduct the division of the estate among the co-heirs and wind up the community of heirs (Erbengemeinschaft) until the estate is distributed.

We Assess Foreign Inheritance Law In-House

Foreign inheritance law cannot be assessed reliably by referring you to colleagues abroad. It calls for knowledge of the foreign legal system, and that knowledge is in our office. Stela Ivanova holds the Bulgarian professional title of Advokat, is admitted to practise in Bulgaria and, as a registered European lawyer (niedergelassene europäische Rechtsanwältin), is a member of the Nuremberg Bar (Rechtsanwaltskammer Nürnberg). She advises in Bulgarian, German, English and Russian and has worked in the firm's Central and Eastern Europe team since 2003. On Bulgarian inheritance law, she wrote the country chapter in Süß, Erbrecht in Europa (Helbing Lichtenhahn Verlag, Basel 2024).

Where business succession, lifetime gifts or a family foundation come into play, inheritance advice connects with our work on private clients, trusts and foundations.

Frequently Asked Questions on Cross-Border Inheritance

Which inheritance law applies when assets are located abroad?

Within the EU, the Succession Regulation decides this, and it does so for the entire estate rather than asset by asset. As a rule, the law of the country in which the deceased had their last habitual residence applies, regardless of where the assets are located. If you would prefer a different outcome, you can choose the law of your home country in a will. We assess what each option would mean for your case.

What is the European Certificate of Succession and when do I need it?

It is the document with which you prove that you are an heir, legatee or executor in almost all EU states, with the exception of Denmark and Ireland. You need it as soon as you have to access estate assets abroad, for example with a bank, a land registry or an authority that does not readily accept the German certificate of inheritance. We apply for the certificate at the competent probate court and support the administration abroad.

Which probate court has jurisdiction over an estate in Nuremberg?

What counts is the deceased's last habitual residence. If it was in Nuremberg, the Nuremberg Local Court (Amtsgericht Nürnberg), sitting as the probate court, has jurisdiction; you will find it at Flaschenhofstraße 35. That is where wills are opened, the certificate of inheritance is issued and disclaimers of inheritance are received.

Is inheritance tax charged twice on foreign assets?

It can be. The EU Succession Regulation expressly leaves inheritance tax aside; it remains a matter for each individual state. Where assets lie in several countries, each of them may therefore levy tax. Whether a double charge can be avoided or reduced depends on the double taxation treaties and the national credit rules. We raise this question early in the estate planning, because the burden can often be lowered with forward-looking arrangements.

Can you assess foreign inheritance law yourselves?

For connections to Central and Eastern Europe, yes, from our team's own knowledge rather than by simply referring you on. On Bulgarian inheritance law, there is a published country study from our office. For other legal systems, we work with selected partners in our international network but continue to lead and coordinate the case from Nuremberg. That way, you keep a single point of contact.

An estate with an international connection, or cross-border succession planning?

Get in touch. In an initial conversation we clarify which law applies to your case and how the administration proceeds step by step.

Stela Ivanova LL.M.

Advokat, Member of the Nuremberg Bar

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