Nachlasspfleger

A Nachlasspfleger, or estate custodian, is a court-appointed person in German civil law who administers and safeguards the estate (Nachlass) of a deceased person during probate. The appointment occurs through the local district court (Amtsgericht) as part of probate proceedings, especially when the heirs are unknown, disputed, or unable to manage the estate themselves. The role is to preserve the value of the estate and enable orderly settlement rather than to resolve the merits of any competing claims.

Duties and powers include taking inventory of assets, protecting property, securing valuables, collecting debts, paying valid claims and administrative costs, and maintaining or liquidating assets as ordered by the court. The Nachlasspfleger represents the estate in legal matters where necessary and submits accounts and reports to the court. He may arrange for insurance, manage ongoing businesses or real estate, and seek court permission for actions such as selling assets or transferring property.

The Nachlasspfleger is distinct from a Testamentsvollstrecker (executor) who is appointed to carry out the will’s instructions or to manage the estate in accordance with legal provisions. The Nachlasspfleger acts neutrally on behalf of the estate and potential heirs while the heirs are determined or a permanent administrator is appointed.

The appointment ends when heirs are identified and take over the administration, when the court withdraws the appointment, or when final settlement is reached. If no heirs are found, the estate may be handled according to applicable rules, potentially involving the state.

The institution serves to prevent loss, protect vulnerable assets, and ensure orderly probate administration.