The Inheritance Maze: How to Escape Germany’s Erbschein Catch-22

You’ve just lost a family member. While grieving, you discover they left behind multiple bank accounts, but no will, no paperwork, and no clear overview of their assets. You contact the banks, armed with a death certificate and good intentions. The response? “We need an Erbschein (certificate of inheritance).” So you head to the Nachlassgericht (probate court), where they ask for the estate value. You explain you can’t know the value without bank information. The official shrugs: “Then we can’t process your application.” Welcome to Germany’s most maddening bureaucratic loop.

This isn’t a hypothetical scenario. It happens regularly across Germany, leaving heirs frozen out of estates for months while they chase paperwork in circles. The good news? The system has built-in escape hatches that officials rarely mention upfront. The bad news? You have to know they exist and push hard to use them.

The Core Problem: Two Systems Refusing to Blink

German banks operate under strict data protection laws. The Sterbeurkunde (death certificate) proves someone died, but it doesn’t prove you’re entitled to their account information. For that, they want the Erbschein, a court-issued document confirming your inheritance rights and share of the estate.

The Nachlassgericht, meanwhile, calculates fees based on the estate value (Nachlasshöhe). They also use this information to assess whether your inheritance claim is plausible. While courts can issue an Erbschein without knowing the exact value, many officials will insist on it anyway, either from misunderstanding or an excess of caution.

As one recent case described: a man lost his brother unexpectedly, found banking apps on the phone but no account details. Multiple banks either ignored his requests or confirmed only that accounts existed, refusing to disclose balances. He faced the classic dilemma: “For the Erbschein I need the estate value, for the bank information I need an Erbschein!”

Why This Persists Despite Clear Legal Solutions

The Oberlandesgericht Düsseldorf (Higher Regional Court of Düsseldorf) addressed this exact frustration in a September 2025 ruling. The court made it explicit: Nachlassgerichte cannot demand impossible proof. If official documents don’t exist or can’t be reasonably obtained, alternative evidence suffices.

The ruling emphasized that courts must accept “other evidence” (andere Beweismittel) including:
– Private documents and old administrative files
– Church records and family documents
– Letters, photos, vaccination records
– Statutory declarations (eidesstattliche Versicherungen)

The key principle: the court should require only a “practical degree of certainty” suitable for real life, not scientific precision. Yet bank employees and even some court staff continue to demand perfect documentation that simply doesn’t exist.

The Workaround Officials Won’t Volunteer

Here’s what experienced legal professionals and those who’ve navigated this maze report: you can submit the estate value later.

The NWB (German tax and legal database) template for Erbschein applications confirms this approach is standard. The application allows you to provide estimates or state that exact values will follow. As one commenter with recent experience explained: “No, you don’t need the estate value for the Erbschein! You can submit it afterward. No problem at all.”

Another heir who inherited alongside his father after his brother’s death confirmed: “For the Erbschein you don’t need the estate value. We had the exact same situation.”

The process works like this:
1. Submit your Erbschein application with available information
2. State clearly that bank details are unknown and will be provided once accounts are identified
3. Include all alternative evidence of your relationship to the deceased
4. Provide a statutory declaration about the absence of a will, if applicable

When Persistence Becomes Your Best Legal Strategy

Sometimes the solution isn’t legal, it’s tactical. One heir described a particularly absurd situation: the apartment keys were held by authorities. Without an Erbschein, no keys. Without accessing the apartment, they couldn’t confirm no will existed. Without confirming no will, no Erbschein.

The breakthrough? “I simply annoyed the court official until she issued the Erbschein even without confirming the absence of a will.” This isn’t official policy, but it reveals a critical truth: German bureaucracy often has informal flexibility that only activates when you refuse to accept “no” as final.

Legal professionals at Kanzlei Grawert in Berlin note that in complex cases, multiple heirs, international elements, or unclear succession, early legal support prevents delays. They emphasize that incomplete applications don’t automatically trigger rejection if you demonstrate you’ve done everything reasonably possible.

Banks: The Real Bottleneck

While courts have become more flexible, banks remain frustratingly rigid. Multiple heirs report that even with an Erbschein in hand, accessing funds takes months. As one heir bluntly stated: “Getting the money with the Erbschein is also very difficult. It took me over half a year because the banks simply do nothing.”

This isn’t always malice. Bank staff fear liability for releasing funds to the wrong person. The Erbschein protects them legally, but internal compliance processes move slowly. Some banks intentionally stall, hoping heirs will give up on smaller accounts.

Tax Strategy Complications

Here’s where the catch-22 gets expensive. German inheritance tax has steep progressive rates and varying exemptions. Children get €400,000 tax-free, siblings only €20,000. This creates perverse incentives:

One commenter suggested the original poster disclaim the inheritance, letting their father inherit everything. The father could then gift the money tax-free. But this strategy has risks: if the father dies within 10 years, the gift counts against his inheritance tax exemption, potentially causing double taxation.

The original poster calculated this and found it wouldn’t save money in his case. Each situation requires individual analysis, what works for one family could cost another thousands in taxes.

Your Step-by-Step Escape Plan

If you’re facing this situation, follow this sequence:

• Step 1: Gather what you have
  – Death certificate
  – Your birth certificate and any documents showing your relationship
  – Any mail, emails, or documents mentioning bank accounts
  – Old account statements, even if outdated
• Step 2: Contact banks in writing
  Send a formal letter with the death certificate and your contact information. State you’re applying for an Erbschein and will provide it once issued. Some banks may give basic confirmation that accounts exist, which helps the court.
• Step 3: File your Erbschein application
  Use the official forms from your local Nachlassgericht. Check the Amtsgericht Leipzig website for templates if your local court’s are unclear. State explicitly: “Bank account details unknown, will be provided after Erbschein issuance.”
• Step 4: Include alternative evidence
  Submit everything that proves your relationship: family photos, letters, old documents, statutory declarations from relatives. Reference the OLG Düsseldorf decision if officials push back.
• Step 5: Escalate if necessary
  If court staff refuse your application, ask to speak with a supervisor. Cite § 352 FamFG and the OLG Düsseldorf ruling. Mention that you understand values can be submitted later.
• Step 6: Once you have the Erbschein
  Return to the banks. If they delay accessing funds, send formal letters setting deadlines. Involve a lawyer if accounts remain frozen beyond 4-6 weeks.

The Bottom Line

Germany’s inheritance system wasn’t designed to create these deadlocks, it’s a byproduct of strict data protection and rigid bureaucratic interpretation. The courts have recognized the problem and built in solutions. The challenge is that frontline officials often don’t volunteer these options.

Your most powerful tools are knowledge and persistence. Understand that “no” frequently means “not this way” rather than “absolutely not.” Bring documentation of court rulings, reference specific legal provisions, and be prepared to politely but firmly escalate.

The system can work, but only if you navigate it with the confidence of someone who knows the rules better than the person across the desk. In German bureaucracy, appearing uncertain gives officials permission to default to “no.” Walking in with clear knowledge of your rights and the court’s own guidance changes the dynamic entirely.

Remember: the goal isn’t to fight the system, it’s to use the system’s own flexibility that officials prefer to keep hidden. The Erbschein process has escape hatches. Your job is knowing where to find them and having the persistence to push until they open.