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Probate procedure in Germany – special questions 3

Which court is competent, if the testator never had a habitual residence in Germany?

In this case, the basic court in Berlin-Schöneberg is competent, if the testator was German citizen and/or parts of the estate are to be found in Germany (bank accounts, real estate)

Upon „important grounds“ the court in Berlin-Schöneberg can assign the case to a different court within Germany. 

In such cases, the question should be dealt with, whether you need to go through German probate procedure or it is more advisable to achieve a „European inheritance certificate“ form another EU-Member State. 

If you have an issue with German Inheritance Law, we can assist you in English. You find our contact details here

Dr. Donat Ebert

Dr. Donat Ebert
Lawyer (D)

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