Nachlassgericht

Nachlassgericht is a probate court within the German judiciary responsible for matters arising from death and succession. In Germany it is a department of the local Amtsgericht (district court). In some other German-speaking countries the name is used analogously for the office handling probate, wills, and heirship.

The main tasks include the acceptance and verification of wills, the determination of heirs and the administration or disposition of the decedent's estate. The Nachlassgericht maintains the Testamentsregister (will register) and, upon request, issues certificates of inheritance (Erbschein) that confirm who is entitled to the estate and to what extent. It may appoint a Nachlasspfleger (estate administrator) or a Testamentsvollstrecker (executor) if the will designates one or if there are disputes or unknown heirs. It also orders the inventory and valuation of assets and supervises the settlement of debts.

The probate process typically begins when heirs or beneficiaries apply to the Nachlassgericht after a death. The court reviews the will or applicable succession law, certifies heirs, issues the Erbschein if required, and oversees the administration of the estate until the assets are distributed. The outcome may be negotiated agreements among heirs or, if necessary, court decisions to resolve disputes.

Variations exist across jurisdictions; while the general function is similar, the precise procedures and court structure depend on the country and region. The Nachlassgericht is part of the judiciary and interacts with other authorities in matters such as taxation of inheritance.