Tracing Heirs with an International Connection: How Heirs Are Found Across Borders

Published on 01.10.2026

Tracing Heirs Across Borders

When someone dies leaving heirs whom nobody knows or can reach, a procedure is set in motion that is already laborious in a purely domestic case. If there is also an international connection, tracing the heirs (Erbenermittlung) becomes considerably more difficult: it must first be clarified which law determines the group of heirs in the first place, which body carries out the investigation and how family relationships are proven across borders. This article explains how heirs are traced in cases with an international connection under German law and EU conflict-of-laws rules, which deadlines run, what to look out for with commercial heir hunters and which mistakes can be avoided (legal position: September 2026). For the law of other states, you should consult an adviser admitted there.

What Tracing Heirs Means and When There Is an International Connection

Tracing heirs means establishing who has become an heir and locating those persons. This is necessary where there is no will, the will is unclear, or the statutory heirs are unknown or cannot be found, for example because relatives have emigrated or contact broke off decades ago.

An international connection typically exists where

• the deceased last lived abroad but leaves assets in Germany,
• the deceased lived in Germany but has relatives abroad,
• the estate includes accounts, real estate or shareholdings abroad,
• the deceased or family members hold several nationalities,
• spouses or children stem from a foreign marriage or adoption.

The international connection matters because it determines the applicable law, the competent court and the effort required to provide evidence.

First Step: Which Succession Law Determines the Group of Heirs?

Who is an heir depends on the applicable succession law. Within the EU, this is governed by the European Succession Regulation (Regulation (EU) No 650/2012, EuErbVO) for deaths on or after 17 August 2015. Under Article 21 (1) EuErbVO, the law of the state in which the deceased had their habitual residence at the time of death generally applies. Under Article 22 EuErbVO, the deceased may instead choose the law of their nationality in a disposition of property upon death. Under Article 23 (2) (b) EuErbVO, this law also determines who is among the beneficiaries and in what shares.

This has a practical consequence: a German who last lived in another state may, without a choice of law, be succeeded under the law of that state. The group of heirs may then differ from that under the German Civil Code (Bürgerliches Gesetzbuch, BGB), for example with regard to the spouse’s share or the inheritance rights of distant relatives. Tracing the heirs must then be conducted under the correct law from the outset. Details can be found in our articles on German inheritance law with a residence abroad and on statutory succession when emigrating.

The concept of habitual residence is important. It is determined not by rigid periods but by an overall assessment of the duration, regularity and family, social and professional ties. Nationality or the location of assets are only indications. Anyone with two residences, for example a pensioner with homes in Germany and in southern Europe, often gives rise to disputes about the law governing succession (Erbstatut).

For states outside the EU: under Article 20 EuErbVO, the law designated applies even if it is the law of a third state. How a third state itself connects the case may differ. That is foreign law and must be clarified by an adviser there, especially since some states apply different connecting factors to real estate and movable property.

Who Traces the Heirs: Probate Court, Estate Curator, Heir Hunter

There are several actors whose tasks differ.

← Tabelle nach links wischen, um weitere Spalten zu sehen

Whether the probate court searches for heirs on its own initiative without an application depends on the law of the federal state. In Baden-Württemberg, the court’s duty to trace heirs was abolished in 2015; in Bavaria, under Article 37 AGGVG the probate court is in principle still obliged to trace heirs ex officio, unless the estate includes no real property and is not expected to exceed the funeral costs. Anyone who is unsure how the competent court works should ask and actively provide leads. The parties are under a duty to cooperate; the court does not have to investigate blindly.

If the heir is not traced within a reasonable period, the probate court establishes that there is no heir other than the state treasury (Fiskus) (Section 1964 BGB). This finding is generally preceded by a public notice calling for inheritance rights to be registered (Section 1965 (1) BGB). An inheritance right that is not proven within three months after the registration period expires is disregarded in these proceedings (Section 1965 (2) BGB). The finding gives rise to the presumption that the state treasury is the statutory heir (Section 1964 (2), Section 1936 BGB); an heir who appears later can, however, still assert their inheritance right. If foreign succession law applies, a state right of appropriation may take the place of the state treasury’s right of inheritance (Article 33 EuErbVO, Section 32 IntErbRVG). Failing to search can therefore result in assets initially passing to the public purse.

Jurisdiction in Cases with an International Connection

Within the EU, international jurisdiction is determined under the EuErbVO. Under Article 4, the courts of the state in which the deceased last had their habitual residence generally have jurisdiction. For Germans whose last residence was in a third state, German jurisdiction may nevertheless exist under Article 10 EuErbVO if estate assets are located in Germany. Local jurisdiction then lies with the court of the last habitual residence in Germany (Section 343 (2) FamFG), and otherwise with the Local Court (Amtsgericht) of Schöneberg in Berlin if the deceased was German or estate assets are located in Germany (Section 343 (3) FamFG). Details are explained in our article on the jurisdiction of the probate court where the residence was abroad.

Independently of this, under Article 19 EuErbVO protective measures can be applied for before a German court even if the courts of another EU Member State have jurisdiction over the main proceedings. This is important where accounts, valuables or a property in Germany need to be secured quickly while the main proceedings are pending in another Member State. If the deceased last lived in a third state, German jurisdiction over assets located in Germany may follow from Article 10 EuErbVO. An estate curatorship (Nachlasspflegschaft) for assets located in Germany is thus possible in suitable cases.

Practical Approach: Checklist for Tracing Heirs

1. Secure the death certificate and civil status data. The deceased’s birth, marriage and death certificates form the basis of every investigation.
2. Search for dispositions upon death. All notarised and officially deposited wills and inheritance contracts are recorded in the Central Register of Wills (Zentrales Testamentsregister) of the Federal Chamber of Notaries. The civil registry offices report the deaths they register to it (Section 78e BNotO), and the register informs the competent probate court. If someone dies abroad, the register often only learns of it when the death is subsequently registered in Germany. Foreign bodies cannot make entries there. A will made abroad therefore generally does not appear there, but must be searched for through the registers, notaries or courts in that country.
3. Review the estate. Address books, correspondence, tax documents and bank statements provide clues about relatives and international connections. Which account data reach the tax authorities through automatic exchange of information is explained in our article on CRS reporting obligations for foreign accounts.
4. Prove family relationships. To prove the status of heir, documents are needed that reach back to the deceased. For heirs abroad, these are foreign civil status documents.
5. Establish addresses. Through information from the residents’ registers in Germany, archives, parish registers and, depending on the country, the authorities there. Rights to information vary greatly from country to country.
6. Apply for proof of succession. A certificate of inheritance (Erbschein) or, where needed in other EU states, a European Certificate of Succession.
7. Observe deadlines and taxes. See below.

Documents from Abroad

For use in Germany, foreign public documents usually require an apostille under the Hague Convention of 1961 or legalisation, as well as a translation by a sworn translator. Within the EU, Regulation (EU) 2016/1191, which has applied since 16 February 2019, facilitates the use of certain documents, in particular birth, marriage and death certificates. Neither legalisation nor an apostille may be required for them (Article 4 Regulation (EU) 2016/1191). Multilingual standard forms can make a translation unnecessary. Check in the individual case whether your document falls under the Regulation, because not every document is covered.

European Certificate of Succession or Certificate of Inheritance?

The European Certificate of Succession (Europäisches Nachlasszeugnis, ENZ) proves the status of heir and the shares in all Member States in which the EuErbVO applies (not in Denmark and Ireland). It does not replace the German certificate of inheritance but exists alongside it. Under Article 70 (3) EuErbVO, a certified copy is generally valid for only six months and must then be extended. The ENZ is therefore not preferable in every situation: if you need the certificate only in Germany, the certificate of inheritance is sufficient. It is worthwhile above all where assets in several EU states have to be administered. In third states it has no direct effect.

Heir Hunters: Contract, Fee, Risks

Commercial heir hunters often approach presumed heirs with a letter without initially naming the estate. The business model is permissible, but it carries risks.

• No fee without a contract. In its judgment of 23 September 1999 (case no. III ZR 322/98), the Federal Court of Justice (Bundesgerichtshof) decided that a commercial heir hunter without a fee agreement has no claim to remuneration against the traced heir, either from agency without authority (Geschäftsführung ohne Auftrag) or from the law of unjust enrichment. This is why heir hunters regularly require a contract before disclosing any details.
• Percentage share. Percentage shares of the inheritance are customary. In the case decided by the Federal Court of Justice, the heir hunter demanded 20 percent plus VAT. However, this one case only partially reflects practice: depending on the provider, the rates demanded lie within a considerably wider range, from in some cases under 10 percent to well over 30 percent, in each case plus VAT. There is no fixed limit, but the fee must not be excessive to the point of being contrary to public policy (Section 138 BGB).
• Basis of assessment: gross or net? At least as important as the percentage is what it refers to. Some providers calculate it on the gross estate, that is, on the value of the share of the inheritance before deduction of debts, others on the net assets, that is, after deduction of the estate liabilities. For larger or encumbered estates this makes a considerable difference. An example: if your share of the estate amounts to EUR 400,000 and EUR 150,000 of liabilities are attributable to it, 20 percent of the gross value comes to EUR 80,000, whereas 20 percent of the net assets comes to EUR 50,000, in each case plus VAT. You should therefore have the basis of assessment expressly set out in the contract.
• Check the content. How is the fee defined (percentage, assessment on the gross estate or on the net assets, before or after taxes, plus VAT)? When does it fall due? What applies if the estate is smaller? Who bears the costs of documents, translations and travel? Is the heir hunter obliged to pass on the information if you do not sign the contract?
• Consider the alternative. You can also contact the probate court yourself to find out whether proceedings are already pending there. There you will often learn free of charge whether you might be an heir.

If you receive a letter from an heir hunter, do not sign immediately. An attorney can check whether the contract is reasonable and whether you can achieve your goal without the heir hunter at similar cost.

Deadlines in Cases of Succession with an International Connection

← Tabelle nach links wischen, um weitere Spalten zu sehen

The periods under Section 1944 BGB apply where German succession law is applicable. If the succession is governed by foreign law, the period and form of the disclaimer are governed by that law (Article 23 (2) (e) EuErbVO); this should be clarified by an adviser in the state concerned. Under German law, the disclaimer period only begins when the heir learns of the accrual and the ground of entitlement. For anyone who only learns in the course of tracing the heirs that they are an heir, the period only runs from that knowledge. If the status of heir is based on a will or an inheritance contract, the period does not begin before its announcement by the probate court (Section 1944 (2) sentence 2 BGB).

Anyone living in another EU Member State (except Denmark and Ireland) may, under certain circumstances, declare the disclaimer before a court of their state of residence (Article 13 EuErbVO). This requires that both the law governing succession and the law of the state of residence provide for a declaration before a court. According to the European Court of Justice (judgment of 2 June 2022, C-617/20), the form of the state of residence is then sufficient; you should, however, inform the competent probate court yourself. Anyone living in a third state can declare the disclaimer to the German probate court in publicly certified form, for example through a German diplomatic mission abroad.

Inheritance Tax: Consider Germany First

The acquisition is subject to unlimited tax liability in Germany if the deceased or the acquirer is a resident at the time of the succession. Under Section 2 (1) no. 1 sentence 2 (b) ErbStG (German Inheritance and Gift Tax Act), German nationals who have not stayed abroad permanently for more than five years without having a residence in Germany are also treated as residents. For German nationals who emigrate, German tax liability therefore initially continues. Foreign inheritance tax can, on application, be credited against German tax under Section 21 ErbStG, subject to the conditions set out there and only where payment is proven. Double taxation treaties take precedence. Further details on this topic can be found in our article on German inheritance tax and double taxation treaties.

Foreign assets are also included in the calculation of German tax. Anyone who, as an heir, learns of an acquisition only late should not lose sight of the notification obligation.

Common Mistakes When Tracing Heirs with an International Connection

• Wrong law governing succession assumed. Anyone who automatically assumes German law may examine the group of heirs under the wrong legal system.
• Older wills not reviewed. Wills made before emigrating or before the EuErbVO applied should be reviewed to see whether they contain an effective choice of law. Under Article 83 EuErbVO, transitional rules apply for this, which must be examined case by case.
• Several wills without coordination. Anyone who makes separate wills for assets in different states risks a later will revoking the earlier one in whole or in part. Such constellations require coordinated wording and advice in both legal systems.
• Documentation underestimated. Missing apostilles, translations or differing spellings of names often delay certificate of inheritance and certificate of succession proceedings by months.
• Deadline missed. Especially for heirs abroad, the disclaimer period is frequently miscalculated: under German law, six months apply only under the conditions of Section 1944 (3) BGB, and under a foreign law governing succession, entirely different periods may run.
• Heir hunter contract signed too hastily. Check the amount of the fee, the basis of assessment (gross or net), the due date and the allocation of costs before you agree.
• Foreign assets overlooked. Foreign accounts, safe deposit boxes and real estate are often found in the estate only late. The tax return must not omit them either.

Planning Ahead: How to Spare Your Heirs the Search

Anyone who lives with an international connection or holds assets abroad can do a great deal to ensure that heirs do not have to be traced later:

• Make a will with an express choice of law under Article 22 EuErbVO (see our article on wills and succession law when living abroad).
• Have dispositions notarised and recorded in the Central Register of Wills.
• Keep an up-to-date list of relatives, accounts, insurance policies and shareholdings, including where the documents are kept, and tell a person of trust where it is.
• Arrange powers of attorney for emergencies, for example through an advance power of attorney when living abroad.
• Bear in mind compulsory portion rights (Pflichtteilsrecht), which can vary greatly depending on the applicable succession law (compulsory portion and foreign assets).

Example: Tracing Heirs with an International Connection

Example (entirely fictitious): Anton, a German national, has lived in another EU state for twelve years and dies there. He leaves an account in Germany and a flat abroad, but no will. His sister Berta lives in a third state, and there has been no contact for years. Since Anton, without a choice of law, had his habitual residence abroad, the group of heirs is in principle determined by the law there. The account in Germany may nevertheless give rise to protective measures in Germany (Article 19 EuErbVO). Berta’s status as heir would have to be proven with documents, and she would have to have it examined under the relevant foreign law whether and how quickly she could disclaim if the estate is over-indebted. Names and facts are fictitious.

Conclusion

Tracing heirs with an international connection is not merely a search problem; it begins with a legal question: which law determines who is an heir? Only then can jurisdiction, documents, deadlines and taxes be sensibly organised. The probate court, an estate curator and commercial heir hunters have different tasks, and with contracts with heir hunters it pays to examine the fee and conditions closely. Anyone who acts early, keeps an eye on deadlines and involves local advisers for foreign law reduces the risk that assets remain unused or pass to the public purse.

Frequently Asked Questions

Who traces the heirs if there is no will?

The probate court investigates the order of succession ex officio in certificate of inheritance proceedings (Section 26 FamFG). Whether it also searches for unknown heirs on its own initiative depends on the law of the federal state. In addition, an estate curator may be appointed. At private level, commercial heir hunters carry out searches.

Do I have to pay an heir hunter a percentage?

Only if you have concluded a contract with them. According to the case law of the Federal Court of Justice, without a fee agreement there is no claim to remuneration against the traced heir. The rates vary greatly depending on the provider, from in some cases under 10 to well over 30 percent plus VAT. Pay particular attention to whether the percentage is calculated on the gross estate or on the net assets after deduction of debts.

How long do I have to disclaim an inheritance with an international connection?

Where German succession law applies, generally six weeks. The period is six months if the deceased had their last residence only abroad or you are abroad when the period begins (Section 1944 (3) BGB). It begins with knowledge of the accrual and the ground of entitlement. Under a foreign law governing succession, the period and form are governed by that law.

Is a German certificate of inheritance sufficient abroad?

Not always. Within the EU, the European Certificate of Succession may be an option. In third states, the local rules of proof apply, which a local adviser should clarify.

Do I have to report an inheritance from abroad in Germany?

As a rule, yes: if the acquisition is subject to German inheritance tax, it must be notified in writing to the tax office within three months of becoming aware of it (Section 30 (1) ErbStG). Exceptions are set out in Section 30 (3) ErbStG; they do not apply, however, if the acquisition includes foreign assets.

What should I do if an unknown relative has died abroad?

First secure documents and deadlines, clarify the applicable succession law and contact the competent court. Because of the deadlines, you should seek advice promptly.

Attorney Dr. Johannes Fiala has published extensively on international succession law and succession planning and supports heirs and testators in organising cases of succession with an international connection with legal care, from clarifying the applicable law through deadlines and proof to classification for tax purposes in Germany. Please get in touch with the firm without obligation to discuss your personal situation in an initial consultation.