Erbteils

Erbteil is the portion of an estate that a person receives as an heir. It designates the share of the inheritance that belongs to an individual, either under the gesetzliche Erbfolge (statutory succession) or by testamentary disposition. Erbteile are typically expressed as fractions or percentages of the net estate.

When there is no will, the Erbteile are determined by the German Civil Code according to the statutory order of heirs. The distribution depends on the degree of relationship to the deceased (for example descendants, surviving spouse, and potentially other relatives). If a will or inheritance contract exists, the testator can assign specific Erbteile to individuals or designate assets by bequest, which may alter the shares from the statutory amount.

The Pflichtteil provides a minimum guaranteed portion for certain heirs, such as close relatives, even if they are disinherited or receive a smaller share in the will. The Pflichtteil is typically a portion of the statutory Erbteil and is designed to prevent complete disinheritance.

In practice, heirs often hold joint ownership in the estate, forming an Erbengemeinschaft. Each member has a defined Erbteil, which governs their rights to manage and dispose of the estate. A partition (Teilung) is usually required to convert these shares into individual assets, and transfers among heirs or sales of Erbteile may occur subject to legal protections and obligations.