What happens if an heir cannot be located?
August 23, 2022 | 40,00 EUR | answered by Felix Richter
Dear lawyer,
I am reaching out to you with an urgent question regarding inheritance law. My name is Karl Weiss and I am facing a concerning situation. My father passed away a few months ago and left a will in which I was named as the sole heir. However, I have been unsuccessful in locating a potential additional heir mentioned by my father in his will.
I have searched all registries, placed advertisements, and even hired private investigators, but to no avail. Now I am wondering what will happen if this heir cannot be found. Could this have implications on my inheritance? Is it possible that my inheritance rights will be challenged if the unknown heir suddenly appears?
This situation is causing me great concern and I am unsure about how to proceed. Are there any legal steps I can take to secure my rights as the sole heir, even if the unknown heir cannot be located? I would appreciate it if you could provide me with possible solutions to clarify this uncertainty.
Thank you in advance.
Sincerely,
Karl Weiss
Dear Mr. Weiss,
Thank you for your inquiry regarding inheritance law. It is understandable that you are concerned in this situation and want to clarify how the inability to locate a potential additional heir could affect your inheritance rights. I would like to provide you with some information and possible solutions to this issue.
First and foremost, it is important to understand that German inheritance law clearly states how to deal with an inheritance when a potential heir cannot be found. According to § 2064 of the German Civil Code (BGB), an heir is considered deceased if they have not been found within a certain period of time (usually 30 years). This means that after this period, the heir is considered missing and therefore their inheritance rights are extinguished.
In your case as the sole heir, you can generally assume that you can inherit your father's estate, even if the unknown heir cannot be located. There is therefore no immediate risk that your inheritance rights will be challenged if the potential heir suddenly appears.
However, it may be advisable to take certain steps to secure your rights as the sole heir. For example, you could apply for a certificate of inheritance from the relevant probate court. This certificate will officially confirm your position as the sole heir and provide you with legal protection.
Furthermore, it may be wise to have a public notary certify the search for the unknown heir. This can help exclude potential claims from the unknown heir in the future.
In any case, I recommend seeking advice from a specialized attorney in inheritance law to analyze your individual situation more closely and determine the best course of action. An experienced lawyer can help you secure your rights as the sole heir and minimize potential risks.
I hope that this information has been helpful to you and I am available to answer any further questions you may have.
Sincerely,
Felix Richter
Attorney at Law
