You will only be limited by the statutory right
In the case of intestate succession, the potential heirs are sorted according to a specified hierarchy
In the first line it comes to orders in the kinship relationship to the deceased.
Basically, still to say that an existing will or a testamentary contract sets the legal succession, for the testator is, in principle, determine who should be his successor, so heritage.
This, the legislator protects the so-called Testamentary freedom.
Within the orders of the tribes of heirs, depending on the distance to the testator, are, by nature, first of all, the own descendants and adoptive children and after their death, to their descendants: That is to say: The family tree of the deceased. If he has no descendants, or no longer living, then the search for an heir continues in the next orders. If there is an order of living relatives in the case of succession the Relatives of the lower orders of the candidates of higher and all other orders generally.
Within a classification level, there can be several of equal rank, inherit, and thereafter, will also be distributed.
The regulations govern only the possible succession if no last will was written down. A living heritage which was a result of his own descendants, these are the grandchildren of the testator, of the succession.
The Inheritance falls in to him, only if he refuses or is already deceased, comes the next Generation to train.
of the civil code is a linear system. The presence of several heirs to initially form a community of heirs and distribute to the completion of the heritage. Also, for this"debate", there are statutory rules.
In addressing the heritage community, the tribe principle.
lt. of the German civil code. If the deceased leaves two children behind, then these two tribes have founded. The Inheritance is for the own children in the two tribes of the same piece. The child children of the deceased if the parents are dead on their inheritance. Example case for the legal succession to the stem principle: Both sons have two children.
A son died at the death of the mother.
It is the living son of half-inherits a priority. The children of the deceased brother's heirs the second half of their deceased father in equal Parts, that means you get every one four from discount. The government, specifically the Treasury of the Federal state concerned, the legacy falls in two cases (§ BGB): The Waiver is especially if the estate includes more debt than assets. The law of succession of the state Treasury is here introduced for the protection of creditors. Bequests and obligations of the testator remain in effect, and it happens again and again, that the heirs were totally indebted estate exclusive, but the release of the legacies of the request. This must be made to the tax authorities claimed. Any such claims are made against the Treasury of the respective Federal state.
The probate court is obliged, before taking possession of an estate, to conduct an investigation.
It must definitely try it carefully to make all the legitimate heirs. This is done by the public Notices, for example, in the regional press, or by notices, as well as the commissioning of professional heritage investigators. Potential heirs must be asked in multiple Ways to claim their rights. For this purpose, there are certain time limits after the expiry of that will not be found to be a public decision, that the heirs are present. According to the legal force of this decision, the estate is handed over to the state Treasury (article civil code). This decision, issued by the probate court is only a rebuttable presumption. If an heir is later on the Inheritance to the attention of, can he assert his rights to the Treasury to also be asserted. The state is the last legal heir and he can't lay the estate of the sole.
The debts of the Estate remain attached to them, but their satisfaction will only come from the existing capital, not tax money.
In view of the fact that a majority of all the testator not Will, the intestate succession is one of the most important topics within the law of succession. On first glance, the complex structures of the legal succession to throw however many questions and concerns for uncertainty in the case of heirs and future Decedents.
The legislator in the versions of §, Para
For this reason, it is useful to first intensively with the legal inheritance of the Federal Republic of Germany. Questions, however, and create often the Basis for a detailed legal advice and the lawyer.
By working in advance with one of the most common questions, and some basic knowledge acquired, you can well prepared to the consultation.
For this reason, it may be useful to study the answers to the most frequently asked questions in matters of intestate succession. A substitute for legal advice but this is not, of course. When the legal succession, in principle, is relatively easy to answer, because they always attack when there is no otherwise of death is due to.
The Deceased has not settled his estate, grab, therefore, the rules of intestate succession and the rules of the distribution of the assets of the Estate.
Consequently, the legal succession is decisive, if no will is present.
The intestate succession governs the estate in the absence of a testamentary disposition, is more or less on the Hand and also many laymen are aware of.
Sometimes the intestate succession may also be in spite of Testament relevant, so that one should not generalize too much and always, the circumstances of the individual case should take into account. Basically, the Testament has priority always, but maybe this is not complete and still leaves open questions. This is not the case, for example when the last will and Testament governs the whole of the assets. Also, in the case of unclear formulations can be used in the legal succession to the interpretation of the testator's will. Even if a will exists, the legal succession is thus entirely off the table. Who is it that deals with intestate succession, generally, a pressing question is: Who inherits how much. Which persons are entitled to inherit by law, on the basis of the ranking quickly.
The height of the heritage is not so easy to clarify.
First, the value of the entire Estate is crucial here. The respective share of the inheritance is then obtained for each of the legal heirs of it, next to whom they inherit. Due to the complexity of a Online is displayed in the calculator this is not a good choice, but a appointment with the lawyer. All those who want to delve deeper into the matter and to read, of course, can rely on a counselor to the law of succession, should review the relevant sources but at the very least. The question is now, where the German law of succession, including intestate succession is governed.
The answer is: in the Civil code.
The Fifth book of the German civil code is devoted to a detailed inheritance law, and in §§ to of the civil code on intestate succession. All the Details can be, in principle, the text of the law refer to, but as a legal layman, it is difficult with the legal language sometimes, and find your way with difficulty through the jungle.
