Germany clarifies statutory inheritance hierarchy and spouse shares

Germany's statutory inheritance law defines a precise order of heirs. Children and grandchildren form the first category and inherit before any other relatives. If children are present, parents and siblings receive nothing. When multiple children inherit, the estate is divided equally.

The spouse's share depends on the surviving relatives and the marital property regime. In a typical community of accrued gains, a spouse receives 50% of the estate when children are also heirs; the remaining 50% is split among the children. If the deceased leaves no children but has surviving parents, the spouse inherits 75%, with the parents sharing the rest. When no children, parents, or siblings survive, the spouse inherits the entire estate.

Unmarried children have full inheritance rights, while step‑children inherit only if legally adopted. Joint accounts and real estate do not automatically pass to the surviving spouse; they may become part of an inheritance community with the children, requiring joint decisions. The complexities of the statutory system mean that many families benefit from drafting a will or contract to ensure assets are distributed according to personal wishes and to avoid disputes.