In our consulting practice, we are often confronted with the question of whether and to what extent a will established in the USA is also valid in Germany. This is especially the case when parts of the assets (e.g., real estate or bank deposits) are located in Germany.

The short answer is: Yes, American wills can be recognized in Germany, but not automatically and not without restrictions. A differentiated legal review is crucial.

First, it must be clarified whether the will is formally valid. This means: Does it comply with the legal formal requirements? In terms of formal recognition, Germany is comparatively generous. According to the rules of private international law (in particular Art. 26 EGBGB), a foreign will is recognized as formally valid in Germany if it valid under one of the following legal systems.

A U.S. citizen establishes a will in California in accordance with its laws. Even if this will does not comply with German formal requirements, it is generally considered valid in Germany – solely based on compliance with California law.

A common misconception is to assume that a will, once recognized, is automatically fully executed. This is not the case. Recognition of the form merely means that the will is accepted „as is.“. Whether and how the content is implemented is a separate question.

For the substantive assessment, i.e., who inherits what, it is crucial which inheritance law applies. The decisive factor is the law of Nationality of the deceased at the time of his death. This means that for a US citizen, usually US inheritance law applied.

A particularly practical particularity concerns real estate in Germany. Here, the testator can expressly stipulate that German law shall apply to these properties.

In the absence of such a regulation, complex legal situations can arise, for example:

• different legal systems for different estate assets,
• Conflicts between U.S. American and German law,
• Delays in estate settlement.

Practice risk A will effective under U.S. law can contain provisions that are not enforceable under German law (e.g., with regard to compulsory inheritance rights).

In order for a US will to be practically implemented in Germany, the involvement of a German probate court required. Typical steps include submitting and, if necessary, translating the will, proving its authenticity (e.g., through probate proceedings in the USA), and applying for a certificate of inheritance or recognition of comparable foreign documents. Without structured preparation, significant delays can occur.

In legal consultations, similar difficulties repeatedly arise:

• Wills are from a German perspective unclear phrasing
• Differences between state law in the USA
• Lack of coordination between US and German probate proceedings
• Tax aspects Inheritance tax in Germany despite a US will
• Compulsory share claims German national

Early coordination is crucial. An American will can be effective in Germany, but only under specific conditions and often with additional effort.

When you have assets in multiple countries, your will should internationally coordinated be. Ideally, Coordination between US and German legal advisors. Clear regulations on applicable law avoid later conflicts.

We provide comprehensive support to clients in having American wills recognized in Germany, communicating with probate courts, legally implementing inheritance arrangements, and the structured administration of international estates.