2015. Under the Regulation, the law of the State in which the decedent had his habitual residence shall apply unless he was manifestly more closely connected to another State. The Regulation also allows for a choice of the law of a State whose nationality a testator possesses. German probate courts will usually apply German law to the entire German estate if a German resident leaves assets to heirs in the United States. If a decedent domiciled in the U.S. leaves assets in Germany, the German probate court will apply the conflict of laws rules of the home state of the decedent in the United States. Conflict of laws rules under state laws in the U.S. typically provide that the law of the decedent’s domicile shall apply to movable property, whereas the lex rei sitae shall apply to real property. As a result, German probate courts typically have to apply the law of a U.S. jurisdiction with regard to a decedent’s movable property, whereas succession to real property will follow German in this situation. What is a cross-border estate? The characteristic of a cross-border estate is that either the claimants and assets are located in different countries, or that a decedent leaves assets in another country. Cross-border estates include individuals of German descent residing in the United States who claim a share of the estate of a deceased relative in Germany as well as German immigrants in the United States leaving assets in their home country. What succession laws apply in a cross-border estate? The applicable law must be determined separately for each jurisdiction in which a decedent leaves assets since each jurisdiction has its own conflict of law rules. Germany follows the so-called EU Succession Regulation of 2012 for all deaths occurring after August 16, 16 LAWYER MONTHLY MAY 2024 Settlement of Estates and Estate Litigation in Germany Siegwart German American Law is a boutique law firm specializing in German Law, cross-border representation and cross-border litigation, providing comprehensive solutions to crossborder and foreign law issues for individual and corporate clients. Lawyer Monthly recently caught up with Holger Siegwart to discuss the settlement of estates and estate litigation in Germany for US-based heirs or claimants. An Exclusive Interview with Holger Siegwart, Esq SIEGWART GERMAN AMERICAN LAW, INC.
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