Division of real estate assets abroad and cooperation with the German notary

Dividing an Estate That Includes Real Estate Abroad:
How Do You Work with a German Notary?

When a person living in Germany dies and leaves behind real estate or other assets in another country, the settlement of the estate becomes significantly more complex – especially if the heirs want to prove ownership, sell the property, or have it registered in their name in the foreign country.
This raises a central question: What is the role of the German notary (Notar) in the division of the estate? And can a German notary notarise and formalise real estate that is located outside Germany?

In this article, we explain the role of the notary, the steps for working with them, and the limits of their legal authority in international inheritance cases (grenzüberschreitende Erbfälle), especially when the estate includes real estate in the country of origin (such as Syria, Iraq, Lebanon, Turkey, etc.).

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1. What Is a Cross-Border Inheritance Case (internationaler Erbfall)?

A cross-border inheritance case arises when the deceased:

• owns assets in more than one country (especially real estate, land, apartments), or

• has a foreign nationality and lives in Germany, or

• has heirs who are spread across different countries.

Real estate is usually the most difficult part of such an estate, because each country applies its own national property and land laws, regardless of where the person died.

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2. What Is the Role of the German Notary (Notar)?

A German notary can:

• formally document the legal relationship between the heirs and the deceased

• draft and notarise a contract on the division of the estate (Erbauseinandersetzungsvertrag)

• draw up a division agreement (Teilungsvereinbarung) specifying how the estate is to be split

• prepare notarised powers of attorney (notarielle Vollmacht) for heirs living abroad

• notarise the transfer, waiver or sale of an heir’s share in the estate to another heir

However, the notary cannot directly register or transfer foreign real estate in the land register abroad.
Instead, they issue notarial documents that can later be used in the foreign country.

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3. How Do the Heirs and the Notary Work Together When There Is Real Estate Abroad?

1. Proving Who the Heirs Are (Nachweis der Erben)

You will usually need:

• a German death certificate or a foreign death certificate with certified translation

• an Erbschein (certificate of inheritance) or a notarised will / inheritance contract

• copies of the heirs’ ID documents or passports

• proof of ownership of the foreign real estate
  (e.g. land register extract, “Tapu” or title deed, cadastral record, property register entry, etc.)

2. Drafting an Agreement on the Division of the Estate

The notary prepares a clear written agreement between the heirs that includes:

• the type of property and its exact location

• which heir will receive the property, or how it should be sold

• the share of each heir in the sale proceeds or in the real estate itself

• how the ownership documents will be used and recognised abroad
  (for example, for registration in the foreign land register or to prepare a sale)

This agreement is normally notarised in German and then accompanied by a sworn translation for use abroad.

3. Powers of Attorney for Heirs Living Abroad (Vollmacht)

If one of the heirs does not live in Germany, a notarised power of attorney can be issued through the notary.
With this, an authorised person abroad can, on behalf of the heir:

• sign documents,

• appear before authorities and courts,

• and help complete the sale or registration of the property.

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4. Do Other Countries Recognise Documents Issued by a German Notary?

This depends on the country. In practice, you often see:

The exact procedure, fees and authorities involved can vary widely from country to country.
It is therefore almost always advisable to consult both the embassy/consulate and a local lawyer in the relevant country.

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5. Practical Tips

• Start by obtaining an Erbschein in Germany.
  Without an official certificate of inheritance, foreign authorities and courts often will not recognise the heirs.

• Do not take steps involving property abroad before the heirs and their shares have been clearly and formally documented in Germany.

• Work with a notary experienced in international inheritance law (internationales Erbrecht).

• At the same time, instruct a local lawyer in the country where the property is located to handle the final registration or sale with the authorities and land registry there.

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Can a German Notary Sell the Foreign Property on Behalf of the Heirs?

No.
A German notary cannot directly appear in a foreign land register as the seller and cannot, on their own, transfer foreign real estate.

However, they can:

• notarise the sale or transfer agreement between the heirs,

• issue notarised powers of attorney authorising someone to sell the property,

• notarise the waiver or transfer of an heir’s share to another heir.

The actual registration in the foreign land register or property register (for example, the Tapu in Syria or the land registry office in Iraq) can only be done:

• by the authorities and courts in that country, and

• usually via a local lawyer or authorised professional.

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Conclusion

Handling real estate located outside Germany as part of an estate requires carefully coordinated legal steps between the German notary and the property and land authorities in the country of origin.

The notary in Germany is the key legal figure for:

• documenting the heirs and their shares, and

• recording their rights and agreements in a binding way.

But the notary has no direct public authority outside Germany.
The best strategy is therefore:

1. Clarify and document the inheritance situation in Germany,

2. send the properly legalised or apostilled notarial documents to the foreign country, and

3. complete the registration or sale locally in cooperation with a local lawyer and the relevant authorities.

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The editorial team of this website makes every effort to provide accurate information based on in-depth research and consultation of multiple sources. However, errors may still occur or some details may not be fully verified. Therefore, the information in these articles should be regarded as an initial point of reference only. For binding, officially confirmed information, please always contact the competent authorities.