Who inherits if there is no will?
July 21, 2023 | 40,00 EUR | answered by Felix Richter
Dear estate lawyer,
I am reaching out to you with a question regarding inheritance, as I am currently feeling uncertain. My aunt recently passed away and did not leave a will. She was single and childless, so I am not sure who will inherit her estate now.
My aunt had siblings, but they passed away before her. Therefore, there are no direct living relatives who could be potential heirs. She also did not have close friends or partners who could be considered as potential heirs.
I am worried that my aunt's estate could now escheat to the state, as there are no legal heirs. Is there a possibility in such a case to still have my aunt's estate go to a deserving heir? Are there legal provisions or other options that can be considered to secure the inheritance?
I would greatly appreciate it if you could assist me and provide me with possible solutions. Thank you in advance for your support.
Sincerely,
Renata Ziegler
Dear Mrs. Ziegler,
Thank you for your inquiry regarding the inheritance of your deceased aunt, who apparently did not leave behind any direct living relatives. In a case where there are no legal heirs, there is indeed a risk that the inheritance may fall to the state. However, there are also ways to ensure that your aunt's inheritance goes to a deserving heir.
First and foremost, it is important to know that German inheritance law provides for various forms of inheritance. In addition to the legal succession, which applies when no alternative provision has been made by a will, there is also the possibility of state succession.
According to § 1936 of the German Civil Code, state succession occurs when there are no legal heirs. In this case, your aunt's inheritance would indeed go to the state. However, there is also the option of securing the inheritance through a so-called "heirship lawsuit."
An heirship lawsuit is a legal proceeding in which it is determined who is actually considered as the heir. Distant relatives or other individuals who may potentially qualify as heirs can also be taken into consideration. Therefore, it is entirely possible that you, as your aunt's niece, may still be recognized as an heir through such a lawsuit.
In such a case, it is advisable to consult a specialized inheritance lawyer to assert your claims and discuss possible solutions. An experienced lawyer can support you in such proceedings and help you enforce your right to your aunt's inheritance.
I hope this information is helpful to you and wish you success in asserting your claims to your aunt's inheritance.
Best regards,
Felix Richter
