French-German inheritance: Erbschein, European Certificate of Succession and translations

Published on October 10, 2026 · Julie Auger-Kantor, sworn translator

When someone who lived in Germany also leaves assets in France – or when a person resident in France owned a bank account or property in Germany – two systems meet: the French notaire on one side, the German probate court (Nachlassgericht) on the other. The heirs then have to prove their status in both countries, and some of the documents will need translating.

Which law applies?

Under Regulation (EU) No 650/2012, which applies to the estates of people who died on or after 17 August 2015, a single law governs the whole estate: the law of the State in which the deceased had their habitual residence at the time of death, and the courts of that State have jurisdiction. A person may, however, choose in a will the law of a State whose nationality they hold. The Regulation applies in every EU Member State except Denmark and Ireland – so in Austria too, but not in Switzerland. It does not cover tax: each country keeps its own inheritance tax rules.

The Erbschein: the German certificate of inheritance

In Germany, heirs usually prove their status with an Erbschein. The application is filed with the probate court for the deceased’s last habitual residence, or taken down by a German notary, and the applicant must confirm certain facts by statutory declaration (eidesstattliche Versicherung). As the North Rhine-Westphalia justice portal (justiz.nrw) explains, a German Erbschein is generally sufficient within Germany, but it is not always accepted for assets abroad.

An Erbschein is not always required: where the succession is based on a notarial will or inheritance contract, the German land registry (Grundbuchamt) may accept that deed together with the record of its opening. Otherwise, Section 35 of the German Land Register Code (GBO) only accepts an Erbschein or a European Certificate of Succession as proof of succession. A French document such as an acte de notoriété is therefore not enough on its own for property located in Germany.

The European Certificate of Succession

The Regulation created the European Certificate of Succession (ECS; certificat successoral européen in French, Europäisches Nachlasszeugnis in German). Heirs, legatees and executors can use it to prove their status and rights in another Member State, without any special procedure. It is presumed to be accurate and is a valid document for recording assets in the relevant registers. Its use is optional, and it does not replace national documents such as the acte de notoriété or the Erbschein.

• In France, it is issued by the notaire handling the estate, who may choose to draw up an acte de notoriété or an ECS;
• in Germany, it is applied for at the probate court or through any German notary;
• the certified copies given to the heirs are valid for six months; after that, an extension or a new copy must be requested;
• no legalisation or similar formality is required for documents issued in a Member State under the Regulation (Article 74).

The notaire in France

In France, a notaire must be involved in particular when the estate includes real property or when there is a will or a gift between spouses (service-public.gouv.fr). The notaire draws up the acte de notoriété and, for property, the attestation de propriété immobilière. To handle a Franco-German estate, they will need French translations of the German documents.

Which documents need translating?

For the French notaire (German → French):

• the German death certificate (Sterbeurkunde), unless issued on a multilingual form;
• the Erbschein, or the case-specific entries of an ECS issued in Germany;
• the will or inheritance contract and the record of its opening (Eröffnungsprotokoll);
• civil status certificates proving family relationships, divorce judgments and any marriage contracts;
• powers of attorney signed in Germany by heirs who will not travel to France.

For the German probate court, bank or land registry (French → German): the acte de notoriété, the will, the French death certificate (or its multilingual extract) and powers of attorney. I translate these documents in both directions; see Translation of legal and court documents, Translation of powers of attorney and Translation of civil status certificates. The ECS follows a standard form, but its free-text entries (description of assets, shares, conditions) are written in the language of the issuing authority – check with the recipient whether a translation is required.

Frequently asked questions

Will a French notaire accept a German Erbschein?
The Erbschein is a German national document; it does not, as such, have the specific effects of the ECS in other Member States. It is up to the notaire handling the estate to decide which documents they need. Ask at the outset whether they want an Erbschein, an ECS or both, before commissioning translations.

Does a German will have to be translated in full?
Yes: a sworn translation covers the entire document, including annotations, stamps and the attached record of opening.

Can the heirs stay in Germany?
Yes, most steps can be handled remotely by power of attorney. A power of attorney signed before a German notary will then usually need to be translated into French for the French notaire.

How do I get a quote?
Send me a clear scan of the documents: you will receive a free quote within one hour. The translation is delivered as a signed and stamped PDF by email, and as a paper original.