When a German national who has moved abroad dies and assets remain in Germany, the question of an estate curatorship (Nachlasspflegschaft) quickly arises: who secures the flat, the bank account and the papers while nobody knows who will inherit, or while the heirs abroad cannot be reached? An estate curatorship with an international connection combines two questions that must be answered separately: does a German court have jurisdiction at all, and under which law does the curator act? This article examines both questions, explains the requirements, tasks, costs and duration of an estate curatorship and shows where the powers of a German estate curator end (legal position: September 2026).
What Is an Estate Curatorship?
An estate curatorship is a protective measure ordered by a court. Under Section 1960 BGB (German Civil Code, Bürgerliches Gesetzbuch), the probate court (Nachlassgericht) must provide for the safeguarding of the estate, to the extent there is a need for it, as long as the heir is unknown or it remains uncertain whether the heir accepts the inheritance. As means of safeguarding, the law lists, among others, the affixing of seals, the deposit of money and valuables, the drawing up of an inventory of the estate and the appointment of an estate curator (Nachlasspfleger). Under Section 1962 BGB, the probate court takes the place of the family or custodianship court for the estate curatorship.
The estate curator is not a representative of the court but the statutory representative of the as yet unknown heirs. The curator acts in their interest but is supervised by the probate court. What matters is the scope of duties (Wirkungskreis) that the court sets out in the appointment order. It frequently covers safeguarding and administering the estate and tracing the heirs. The curator may only act within this scope.
An estate curator is not appointed only on the court’s own initiative. Under Section 1961 BGB, the court must appoint a curator on the application of an estate creditor if this is necessary to assert a claim against the estate in court. The creditor thus obtains a counterparty it can sue. Relatives can only suggest a curatorship; they have no right to one.
When Is an Estate Curatorship Ordered?
Two requirements must be met together: the heir is unknown or it is uncertain whether the heir will accept, and there is a need for safeguarding, that is, a specific risk to the estate. Typical triggers are a flat with an ongoing tenancy, an unsupervised house, a business that has to keep operating, bank accounts nobody can access, or claims that would become time-barred without anyone to pursue them.
With an international connection, further typical scenarios arise:
- The deceased last lived abroad and left assets in Germany, such as real estate or an account.
- The heirs are abroad and cannot be found or cannot be reached.
- There are no relatives who could put the estate in order in Germany, or they have not yet accepted the inheritance.
- After the death, bills and obligations in Germany continue, such as rent, insurance or taxes.
If an heir is known, reachable and willing to act, there is generally no need for safeguarding. The fact that an heir lives abroad is not sufficient in itself. The decisive question is whether there is nobody who can act effectively for the estate.
For heirs with an international connection, the following also applies: if German succession law applies, the period for disclaiming the inheritance under Section 1944 (3) BGB is six months instead of six weeks if the deceased had their last residence only abroad or if the heir is abroad when the period begins. Where a foreign law governs the succession (Erbstatut), the period is determined by that law (Article 23 (2) (e) EuErbVO). During this time, the estate often has no administrator, so in practice the curatorship becomes relevant precisely in this phase.
Does a German Court Have International Jurisdiction?
With an international connection, international jurisdiction is first determined by the European Succession Regulation (Regulation (EU) No 650/2012, EuErbVO). The analysis proceeds in several stages:
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| Stage | Provision | Content |
|---|---|---|
| 1 | Article 4 EuErbVO | The courts of the state in which the deceased had their last habitual residence have jurisdiction over the entire estate. If that was Germany, the German probate court has jurisdiction. |
| 2 | Article 10 (1) EuErbVO | If the deceased did not last live in a Member State, the courts of a Member State in which estate assets are located have jurisdiction over the entire estate if the deceased had the nationality of that state or had their previous habitual residence there, provided the change of residence took place no more than five years before the court was seised. |
| 3 | Article 10 (2) EuErbVO | If paragraph 1 does not apply, the courts of the Member State in which estate assets are located nevertheless have jurisdiction over those assets. |
| 4 | Article 11 EuErbVO | Jurisdiction based on necessity (forum necessitatis) only in exceptional cases, where proceedings in a closely connected third state are unreasonable or impossible and the case has a sufficient connection to Germany. |
Local jurisdiction within Germany is governed by Section 343 FamFG (Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction): the competent court is the one in whose district the deceased last had their habitual residence, or alternatively the court of their last habitual residence in Germany (Section 343 (1) and (2) FamFG). If neither exists, the Local Court (Amtsgericht) Schöneberg in Berlin has jurisdiction if the deceased was a German national or estate assets are located in Germany (Section 343 (3) FamFG). For safeguarding the estate, and therefore also for an estate curatorship, every court in whose district the need for safeguarding arises additionally has jurisdiction (Section 344 (4) FamFG). How jurisdiction is determined in an individual case is explained in detail in the article Probate court with a residence abroad: which court has jurisdiction?.
Two subtleties are frequently overlooked in practice. First, if jurisdiction is based solely on Article 10 (2) EuErbVO, it extends only to the assets located in Germany, and the curator’s scope of duties then also remains limited to those assets. Second, it follows from Article 19 EuErbVO that protective measures under national law may be applied for before the courts of that state even if the courts of another Member State have jurisdiction over the substance of the matter.
Case Law: Limits and Possibilities
By order of 9 December 2020 (2 Wx 293/20), the Higher Regional Court (Oberlandesgericht, OLG) of Cologne held that German courts may have jurisdiction to order an estate curatorship over assets located in Germany even though the deceased last lived in a third state and the succession was governed by that state’s law. The ordering and supervision of the curatorship, as a protective measure, follow German law.
An order of the Higher Regional Court of Frankfurt of 14 August 2024 (20 W 135/24) points in the same direction. It concerned the estate of a US citizen with assets in Germany. The court based its jurisdiction on Article 10 (2) EuErbVO but at the same time stressed that the curator’s scope of duties must be clearly limited: the curator represented only the unknown heirs and only with regard to the assets located in Germany. No further powers of administration or disposal over the entire estate followed from the curatorship.
Jurisdiction cannot be taken for granted. By order of 12 June 2024 (33 Wx 270/23 e), the Higher Regional Court of Munich denied the international jurisdiction of German courts for an estate curatorship in the case of the estate of Pope Benedict XVI. The deceased had his last habitual residence in the Vatican; in the court’s view, there were no estate assets in Germany within the meaning of Article 10 EuErbVO, and liabilities do not count as estate assets. The court also rejected jurisdiction based on necessity under Article 11 EuErbVO. In practice, this means that without specific assets in Germany attributable to the estate, access to a German probate court may be closed.
Which Law Does the Estate Curator Apply?
The succession itself is governed by the law applicable to the succession, that is, as a rule the law of the state in which the deceased last had their habitual residence (Article 21 (1) EuErbVO), or by a valid choice of law. Who inherits and to what extent may therefore be subject to foreign law. The ordering and supervision of the estate curatorship nevertheless remain a matter for the German court under German procedural law.
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| Question | Governing law |
|---|---|
| Who are the heirs and in what shares? | Law applicable to the succession, possibly foreign law (Articles 21, 22 EuErbVO) |
| Is an estate curatorship ordered and supervised? | German law (Sections 1960 et seq. BGB, FamFG) |
| Rendering of accounts, coercive fines, court approvals | German law |
| Liability for estate debts, acceptance and disclaimer | Law applicable to the succession (Article 23 (2) EuErbVO) |
| Inheritance tax | German tax law, irrespective of the law applicable to the succession |
If the law of a third state governs the succession, the court may, by way of exception, confer on an administrator appointed under Article 29 (1) EuErbVO all the powers of administration provided for by German law (Article 29 (3) EuErbVO). Whether and when this applies to the estate curator has not been conclusively settled; the OLG Cologne relied on the provision in this context. In doing so, the administrator must respect the determination of the beneficiaries and their rights in the estate, including any compulsory portion (Pflichtteil), under the law applicable to the succession. Whether and how German law applies in an individual case is explained in the article German inheritance law with a residence abroad.
Tasks of the Estate Curator
The scope of duties determines what the curator may do. The following tasks are customary:
Safeguarding the estate. The curator obtains an overview: opening the flat, reviewing documents, securing accounts, keeping valuables safe. The curator draws up an inventory of the estate listing all assets and debts and submits it to the court.
Administering the estate. Ongoing obligations such as rent, insurance and taxes are continued, contracts terminated and receivables collected. If the estate is over-indebted, the curator examines whether an insolvency petition is required.
Tracing the heirs. If tracing the heirs falls within the scope of duties, the curator evaluates civil status registers, makes enquiries with registry offices and may engage commercial heir hunters. With old branches of the family or an international connection, this takes considerably longer.
Representing unknown heirs. This may mean, for example, declaring consent to the deletion of a right in the land register or dealing with estate creditors. If some of the heirs are known, the curator is responsible only for the unknown heirs, unless the court exceptionally extends the scope of duties because a measure can only be taken uniformly for the entire estate.
Fulfilling tax obligations. If an estate curator has been appointed, the curator is obliged under Section 31 (6) ErbStG (Inheritance and Gift Tax Act) to file the inheritance tax return. This includes the question of whether and to what extent foreign assets must be included. Information on double taxation can be found in the article Inheritance tax and double taxation treaties.
For real estate transactions, the curator requires the approval of the probate court (Sections 1888 (1), 1850, 1962 BGB). Without approval, a purchase contract is provisionally ineffective (Section 1856 (1) BGB). The court examines whether the sale is in the interest of the heirs, for example because keeping the property would consume the estate.
The curator must render accounts to the probate court annually (Sections 1888 (1), 1865 BGB). At the end of the curatorship, the curator hands over the estate and submits a statement of assets or final account (Section 1872 BGB). How seriously the court takes this duty is shown by the order of the OLG Cologne: because the curator failed to submit orderly accounts with supporting documents despite being given a deadline, a coercive fine of EUR 1,000 was imposed. The decision was issued under the legal position before 1 January 2023; today, the power to impose coercive fines follows from Section 1862 (3) BGB.
The Limit: Assets Abroad
A German estate curator is appointed by a German court. Whether foreign banks, land registries or authorities recognise this appointment and grant the curator access is governed abroad by the local law. The curator’s responsibility and powers therefore end, in practical terms, where foreign bodies are involved. The curator can identify assets abroad and report them to the court, but enforcement on site frequently requires a foreign adviser. The foreign law itself must be clarified with an adviser on site; the interface with German law can be coordinated from Germany.
One building block is the European Certificate of Succession (Europäisches Nachlasszeugnis, ENZ) under Articles 62 et seq. EuErbVO. It serves as proof of legal status in other Member States. Under Article 65 (1) in conjunction with Article 63 (1) EuErbVO, those entitled to apply include administrators of the estate. By order of 2 February 2018 (3 Wx 4/18), the Higher Regional Court of Schleswig held that an estate curator who has been granted powers of administration may also apply for a European Certificate of Succession. The certificate can only be issued by a state whose courts have jurisdiction under Article 4, 7, 10 or 11 EuErbVO; it does not apply in Denmark and Ireland. A certified copy is generally valid for only six months (Article 70 (3) EuErbVO). The certificate has no direct effect vis-à-vis bodies in third states.
Which foreign accounts become known to the tax authorities through the automatic exchange of information is shown in our article on CRS reporting obligations for foreign accounts.
Costs of the Estate Curatorship
The costs are generally paid from the estate. They are estate debts for which the heirs can limit their liability to the estate (Section 24 GNotKG (Court and Notary Fees Act), Sections 1975 et seq. BGB). There are two items:
Remuneration of the curator. It is governed by Section 1888 (2) BGB in conjunction with the Act on the Remuneration of Guardians and Custodians (Vormünder- und Betreuervergütungsgesetz, VBVG). If the estate has sufficient assets, the hourly rate depends on the curator’s specialist knowledge and on the scope and difficulty of the task. In practice, rates differ from court to court; there is no uniform nationwide range. If the estate is without means, the state treasury pays (Section 1888 (2) BGB, Section 2 (1) VBVG) at the hourly rates of Section 3 (1) VBVG. These were increased with effect from 1 January 2026 and amount, depending on qualification, to EUR 26, 33 or 44 plus VAT. Claims to remuneration and reimbursement of expenses lapse if they are not asserted in court within 15 months of arising (Section 2 (2) VBVG).
Court fees. Under No. 12311 of the schedule of costs to the GNotKG, the probate court charges an annual fee based on the value of the estate, with liabilities not deducted (EUR 10 for each EUR 5,000 or part thereof, at least EUR 200). Example: for an estate worth EUR 150,000, that is 30 times EUR 10, i.e. EUR 300 per year. For a duration of no more than three months, the minimum fee is EUR 100.
By order of 10 September 2025 (IV ZB 2/25), the Federal Court of Justice (Bundesgerichtshof, BGH) held that an estate curator cannot charge remuneration at their own hourly rate for work done by employees. At most, reimbursement of expenses may be considered, but this must be substantiated. In small estates, this can noticeably increase what is left for the heirs.
An international connection usually makes a curatorship more expensive, because of the additional costs of tracing heirs, translations and foreign advisers.
How Long Does an Estate Curatorship Last?
The curatorship does not end automatically but by a court order lifting it, as soon as the heirs have been established and have accepted the inheritance. Where family circumstances are straightforward, this often takes only a few months; with distant relatives or an international connection, it can take several years. The curator then hands over the estate. If no heir can be found despite the investigations, the court determines under Section 1964 BGB that there is no heir other than the state (Fiskus).
Distinction: Curatorship, Estate Administration and Execution of a Will
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| Office | Who appoints? | When? | Purpose |
|---|---|---|---|
| Estate curator (Sections 1960 et seq. BGB) | Probate court | Heirs unknown or acceptance uncertain | Safeguarding, tracing heirs, representing unknown heirs |
| Estate administrator (Nachlassverwalter, Section 1975 BGB) | Probate court on application of the heir or an estate creditor (Section 1981 BGB) | As a rule, heirs known; liability is to be limited to the estate | Satisfying the estate creditors |
| Executor (Testamentsvollstrecker) | Deceased by disposition of property upon death (where applicable, appointment by a third party or the probate court, Sections 2198, 2200 BGB) | Succession with a corresponding provision | Implementing the deceased’s instructions |
Under Section 1975 BGB, estate administration (Nachlassverwaltung) is an estate curatorship whose purpose is to satisfy the estate creditors, in principle in full, unlike in estate insolvency proceedings.
Mistakes in Practice and How to Avoid Them
- Not taking court mail seriously. Anyone living abroad who receives mail from the probate court should reply in time. If nobody responds, the heir continues to be treated as unknown.
- Not checking the scope of duties. Heirs who are already known to the curator should check that the curator is not claiming powers to which they are not entitled.
- Concealing assets abroad. Heirs should give the curator information about foreign accounts and foreign real estate so that these appear in the inventory and in the tax return.
- Forgetting a power of attorney. A power of attorney that remains valid after death can avoid a curatorship in many cases, because the authorised representative can act immediately. This is not certain if it remains completely open who will inherit. More on this in the article Lasting power of attorney with a residence abroad.
Planning Ahead: How to Reduce the Risk of a Curatorship
Anyone who moves away and keeps assets in Germany can plan ahead: a clear will with a residence abroad, a power of attorney that remains valid after death and a list of all accounts can in many cases prevent a court from having to appoint a curator. Who inherits if there is no will is explained in the article on statutory succession when emigrating.
Conclusion
In an estate curatorship with an international connection, jurisdiction, applicable law and the limits of the curator’s powers must be considered separately. German courts may have jurisdiction under Article 4 EuErbVO where the last habitual residence was in Germany and under Article 10 EuErbVO where estate assets are located in Germany. The ordering and supervision of the curatorship then follow German law even where a foreign law governs the succession. The curator represents the unknown heirs, secures the assets, traces the heirs and is subject to court supervision. The curator’s reach ends, however, where foreign bodies impose their own requirements. The costs are generally paid from the estate. Those who plan ahead can avoid a curatorship in many cases.
Frequently Asked Questions
Can I apply for an estate curatorship as a relative?
Only estate creditors have a formal right to apply, under Section 1961 BGB. Relatives can suggest the appointment to the probate court. The court then examines on its own initiative whether there is a need for safeguarding.
Do I have to pay the estate curator out of my own pocket?
In principle, no. Remuneration and court fees are paid from the estate. They are estate debts for which the heirs can limit their liability to the estate, for example in the case of over-indebtedness. If the estate is without means, the state treasury pays the remuneration.
Does a German court have jurisdiction if the deceased died abroad?
That depends on the last habitual residence, nationality and the location of the estate assets. A German court may have jurisdiction, for example, under Article 10 EuErbVO if estate assets are located in Germany. Without assets in Germany, jurisdiction may be lacking.
May the estate curator sell a property?
Only if this is covered by the scope of duties and the probate court approves the sale. Without approval, a real estate transaction is provisionally ineffective.
Does the curatorship also cover accounts and real estate abroad?
An appointment by a German court initially has effect only in Germany. Whether foreign banks or authorities recognise the curator is governed by the law of the state concerned. This usually requires a foreign adviser. Within the EU, the European Certificate of Succession can help.
Can a power of attorney prevent an estate curatorship?
Often yes, if it remains valid after death and the authorised representative remains able to act. If the succession remains completely open, the court may nevertheless take action.
Attorney Dr. Johannes Fiala has published extensively on international succession law and asset protection and advises heirs, parties involved in estates and emigrants on estate matters with a connection to Germany, from the question of the jurisdiction of German probate courts to coordination with foreign advisers. Please get in touch with the firm without obligation to discuss your individual situation in an initial consultation.
