Last updated: November 12, 2026
A letter from a German probate court, an email from a notary in Bavaria, a call from a cousin you have never met. For many families in Canada, an inheritance in Germany is the first time in decades that the German roots become a legal matter. Questions follow quickly: do I need to be German to inherit, does a German passport change the tax, and can the documents I am collecting for the estate also prove my citizenship? This article connects the two topics, because in practice they often run in parallel.
TL;DR
- You do not need German citizenship to inherit in Germany or to own German real estate.
- German citizenship generally does not change German inheritance tax for descendants who have never lived in Germany. Residence is decisive.
- Many documents serve both procedures: birth and marriage certificates, and old German documents found in the estate.
- Handle the inheritance first. The disclaimer deadline is six months for heirs abroad. The citizenship declaration under Section 5 runs until 2031.
- As a German citizen you can choose German inheritance law for your own estate.
Do I need German citizenship to inherit in Germany?
No. Who inherits depends on the will or on statutory succession, not on citizenship. Foreigners can inherit German real estate, bank accounts and shares in companies without restriction and can keep or sell them. Selling inherited property from Canada is explained in Selling a property inherited in Germany from abroad.
What heirs in Canada usually need is a German certificate of inheritance (Erbschein). How to apply from abroad: The certificate of inheritance procedure from abroad.
Does citizenship change the inheritance tax?
German inheritance tax is linked to residence. If the deceased lived in Germany, the whole inheritance is taxable, whatever the heirs’ citizenship. If neither the deceased nor the heir lived in Germany, only German domestic assets such as real estate are taxed.
Citizenship matters in one case: German citizens are treated as residents for five years after leaving Germany. A descendant who has always lived in Canada does not fall under this rule. Confirming German citizenship therefore does not make an inheritance more expensive. Allowances and rates are listed in German inheritance tax allowances.
One set of documents, two procedures
For the certificate of inheritance you prove how you are related to the deceased. For the citizenship application you prove how you descend from the German ancestor. If the deceased is from the same family line, the documents overlap.
| Document | Certificate of inheritance | Citizenship application |
|---|---|---|
| Your birth certificate with parents’ names | Yes, to prove the relationship | Yes |
| Birth and marriage certificates of parents and grandparents | Often, depending on the line of succession | Yes, for every generation |
| Death certificate of the deceased | Yes | Only if the deceased is the German ancestor |
| German passport, ID or registry extract of the ancestor | No | Yes, as proof of German citizenship |
| Naturalization records from Canada or the US | No | Yes, to show whether and when citizenship was lost |
| Will or inheritance contract | Yes, if there is one | No |
Order certified copies once and use them for both procedures. Note that the citizenship procedure is conducted in German, and some documents such as divorce decrees need a certified German translation.
Where to find records in Germany
- The probate file: as an heir you can usually inspect the file at the probate court. It may contain the deceased’s will, death certificate and family documents.
- The estate itself: old passports, certificates of citizenship, family books (Familienstammbuch) or military documents of ancestors often turn up when a household is cleared.
- Registry offices: German registry offices keep birth registers for 110 years, marriage registers for 80 years and death registers for 30 years. Older records are transferred to archives.
Ask the person handling the estate in Germany to keep all personal documents of the family. They are often thrown away with the household, and replacing them later takes months.
What comes first
The inheritance. An heir who does not want an inheritance, for example because it is overindebted, must disclaim it in time. The deadline is six weeks, but six months if the deceased’s only residence was abroad or the heir was abroad when the deadline began. The deadline generally starts when you learn of the inheritance and the reason for it.
The citizenship can wait a little. If you are German by descent, you remain German. If you need the declaration under Section 5 of the Nationality Act, you have until August 19, 2031. Whether you are German by descent at all can be checked in our German citizenship check or in German citizenship through grandparents.
Example from practice: Mr. W. from Saskatoon inherited a share of a house in Lower Saxony from his great-aunt. While collecting documents for the certificate of inheritance, he found his grandfather’s German passport from 1951 in the estate. His grandfather became Canadian only in 1970, after the birth of Mr. W.’s father in 1956. The passport became the key proof in his application for a certificate of citizenship. (Fictitious example based on typical cases from our practice.)
Your own estate as a German citizen
From the German point of view, the EU Succession Regulation applies to your estate, even if you live in Canada. As a German citizen you can choose German law for your whole estate in your will. That can be useful if you own German property or want to make your will clearer for German courts. Whether Canadian courts follow the choice for assets in Canada must be checked separately. More in cross-border estate planning with assets in Canada and Germany.
An inheritance in Germany and questions about your citizenship? Book a consultation with our German lawyers in Calgary or call us at +1 587 349 3535. We handle both from one hand.
Frequently asked questions
Can a Canadian without German citizenship inherit in Germany?
No. Foreigners can inherit in Germany and own German real estate without restriction. Citizenship plays no role for who is an heir.
Does German citizenship change my German inheritance tax?
Generally not. German inheritance tax depends on the residence of the deceased and the heir. A German citizen counts as a resident only if they left Germany no more than five years ago. Descendants in Canada who never lived in Germany are treated the same with or without German citizenship.
Can I use the inheritance documents for my citizenship application?
Often yes. Birth and marriage certificates of the family are needed for both procedures. The probate file of the deceased may also contain old German documents such as passports or registry extracts that help prove citizenship.
What should I do first, the inheritance or the citizenship?
The inheritance. Deadlines run there, for example the deadline to disclaim an inheritance, which is six months if the deceased lived abroad or you were abroad when the deadline began. The declaration under Section 5 of the Nationality Act runs until August 19, 2031.
Can I choose German inheritance law for my own estate?
If you are a German citizen, yes, from the German point of view. The EU Succession Regulation lets you choose the law of your nationality in your will. Whether Canadian courts follow that choice for assets in Canada is a separate question.
Sources
- Section 1944 German Civil Code (BGB), disclaimer deadline
- Section 5 Civil Status Act (PStG), retention periods
- Section 2 Inheritance Tax Act (ErbStG)
- Regulation (EU) No 650/2012, EU Succession Regulation
- German Missions in Canada: Establishing German citizenship
This article is for general information only and does not replace individual legal or tax advice. Rocky Mountain German Law Ltd., Suite 201, 8989 Macleod Trail S.W., Calgary, AB.
