Updated on October 16, 2026
In 30 seconds
If the deceased lived permanently in Germany, German law usually applies, even to assets in Italy, unless the will chooses Italian law. In Germany, heirs prove their status with the Erbschein (certificate of inheritance). For EU countries there is the European Certificate of Succession. Italian obligations then remain for the assets located in Italy.
For the general picture, read the guide Italians in Germany: Legal Guide.
In this article
- Which law applies
- Erbschein and European certificate: what they are for
- Practical steps
- Frequent case
- The best solution for you
- Frequently asked questions
- Official sources
Which law applies
Since August 17, 2015, EU Regulation 650/2012 on international successions has applied. The test is no longer citizenship, but the habitual residence of the deceased.
Under Article 21, the succession is governed by the law of the State where the deceased had their last habitual residence. If there is a manifestly closer connection with another State, the law of that State applies.
Under Article 22, anyone can choose the law of the State of which they are a citizen. The choice must be expressly stated in a will or a similar instrument.
Erbschein and European certificate: what they are for
The Erbschein is the German certificate that proves who the heir is. You apply for it to the Nachlassgericht, the German probate court, when the last residence was in Germany. You need the original will or, if there is no will, the original birth and marriage certificates and the death certificate. The statements are made under oath.
The European Certificate of Succession is a single document for EU countries. According to the guide of the Italian Embassy in Berlin, in Italy it is issued by a notary and is not enough on its own to register real estate in the public registers. To know what an office or a bank accepts, it is best to ask beforehand.
Practical steps
- Death certificate. The Standesamt (the German civil status office) sends it to the Italian Consulate for transcription.
- Will. It must be looked for. Consulates can receive wills, but they do not replace the German court.
- Applicable law. Check the habitual residence and any choice of law in the will.
- Proof of heir status. Erbschein for Germany; European certificate or notarial deeds for Italy.
- Assets in Italy. According to the Embassy’s guide, the succession return (the tax declaration of the estate) must be filed within twelve months of the opening of the succession, electronically. The land registry update follows within thirty days of the return. It is best to check the deadlines of your case with the tax accountant (commercialista) or with the firm.
- Accounts in Germany. The German bank usually acts after receiving the Erbschein and proof of the tax.
Inheritance tax and calculations should be left to a tax accountant. The firm handles the legal and documentary side.
Frequent case · A problem that happens often
An Italian has lived in Stuttgart for thirty years. He dies without a will. He leaves two children, an account in Germany and the family house in Apulia. The children do not know whether German or Italian law applies, or which documents the bank and the land registry need. The first thing to clarify is where the habitual residence was. Then you decide which documents are needed in Germany and which in Italy.
Frequent case described in general terms: names, places and details do not refer to real people or cases.
The best solution for you
First: Check where the deceased had their habitual residence and whether the will contains a choice of law.
Then: You need the Erbschein for Germany and the European certificate or notarial deeds for Italy. In Italy you follow the succession return, with the deadlines given above.
If the office or the other side does not cooperate: The German bank usually acts only after the Erbschein. The consulate cannot replace it. Ask the bank, in writing, for the exact list of documents.
It usually pays to: Usually it pays to clarify the applicable law first. Then you decide which documents are needed in Germany and which in Italy, avoiding misplaced requests.
What to do now
- Look for the will and check whether it chooses Italian law.
- Gather the death certificate and, if there is no will, the original birth and marriage certificates.
- Note the deadline for the succession return on the assets in Italy.
No route guarantees an outcome.
Learn more: Legal guides from Studio Legale Fiorentino.
How attorney Fiorentino can help you
- Gather the original will or, if there is none, the original birth and marriage certificates and the death certificate.
- Check with the firm the habitual residence, the applicable law and the documents needed in Italy and in Germany.
- For the video call, keep readable scans of the documents and a list of the assets in Germany and in Italy ready.
Frequently asked questions
Do I need the Erbschein for assets in Italy too?
For the German bank, as a rule yes. For assets in Italy, other documents are usually needed, such as the succession return and notarial deeds. It is best to ask the office or the notary what they accept.
Who issues the European certificate in Italy?
According to the guide of the Italian Embassy in Berlin, a notary.
Can a will choose Italian law?
Yes. EU Regulation 650/2012 allows you to choose the law of the State of which you are a citizen, with an express statement in a will.
How much time do I have for the Italian succession return?
The Embassy’s guide indicates twelve months from the opening of the succession. The specific case should be checked with the tax accountant or with the firm.
Can the consulate help with the Erbschein?
The succession functions of consulates are as a rule limited to wills and minors. The Erbschein is requested from the German court.
Read also
- Italians in Germany: Legal Guide
- German Pflichtteil and Italian Forced Heirship: What Share Do Children Get
- Italian and German Dual Citizenship: What Applies Today
Official sources
Institutional pages consulted; the official source always prevails for up-to-date texts.
- Italian Ministry of Foreign Affairs: services for Italians abroad (AIRE, succession, civil status)
- Italian Embassy in Berlin: guides to consular services and succession
- EUR-Lex: Regulation (EU) No 650/2012 on succession
Where to find us
The firm is based in Naples (Piazza Giovanni Bovio 22 and Via Monte di Dio 14) and works throughout Italy; the first meeting can be held by video call.
Informational text, prepared with the help of artificial intelligence tools. Author: attorney Renato Giuseppe Fiorentino.
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.