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Guide for relatives

After a death in Berlin: what happens to the flat?

When a relative dies in Berlin and you live elsewhere, German rules and deadlines come on top of everything else. This page sets out the order in which things usually happen, from the first days to handing back the keys.

As of November 2026 · about 5 minutes · general information, not legal advice

WhatDeadlineLegal basis
Register the death with the registry office (Standesamt); funeral homes often do thisby the third working day after the death (Saturday does not count)§ 28 PStG
Hand a will you find to the probate court (Nachlassgericht)without delay§ 2259 BGB
Renounce the inheritance6 weeks from knowledge, 6 months if you live abroad§ 1944 BGB
Give special notice on the tenancywithin one month of knowledge, then the statutory notice period§ 564 BGB

1. The first days

Take all keys, including basement, attic and letterbox. Empty the fridge and the bins, close the windows, and in winter set the heating to frost protection. Secure the important papers: will, insurance policies, bank statements and the tenancy agreement.

2. Accept or renounce the inheritance

In Germany you inherit automatically unless you renounce. If debts are likely, act quickly: the period is usually six weeks, or six months if you live abroad. The renunciation is declared to the probate court, in person or certified by a notary. German consulates can help with the certification abroad.

Important: selling, giving away or disposing of items from the estate can count as accepting the inheritance. If you are considering renouncing, get legal advice before the flat is cleared.

3. The tenancy

A tenancy does not end automatically on death. If a spouse or another household member lived there, they can take it over. If nobody does, the heirs and the landlord can give special notice within one month of learning about the death (§ 564 BGB), with the statutory notice period of roughly three months.

Example: you learn on 10 March that your father has died and nobody is taking over the flat. If your notice reaches the landlord by the third working day of April, the tenancy ends on 30 June. Rent is due until then. If there are several heirs, all of them have to give notice together, usually one signs with the others' power of attorney.

4. Clearing the flat from abroad

You do not need to travel for the clearance itself. We view the flat by video or from your photos, send a written fixed price by e-mail and work from keys you deposit or send. Documents, photos and valuables go into separate boxes and are sent to you or kept until you collect them. Afterwards you get photos of the empty rooms, and the keys go back to you or straight to the landlord.

5. If nobody inherits

If all relatives renounce, or it is unclear who the heirs are, the probate court can appoint an estate administrator (Nachlasspfleger, §§ 1960, 1961 BGB). A legal guardianship ends with death, so a former guardian can usually no longer order a clearance.

Sources: § 28 PStG · § 564 BGB · § 1944 BGB · § 1960 BGB (German law, as of November 2026)

We can help with the clearanceFixed price, keys returned, photos afterwards.
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Questions

Questions and answers

How long do I have to renounce an inheritance in Germany?

Usually six weeks from the moment you learn that you are an heir. If the deceased lived only abroad, or you are abroad when the period starts, it is six months (§ 1944 BGB).

Can I clear the flat before the inheritance is settled?

If you are thinking about renouncing the inheritance, get legal advice first: selling or disposing of items from the estate can count as accepting it. Urgent steps such as emptying the fridge or closing windows are usually fine.

Who pays for the clearance?

As a rule the heirs, from the estate.

Free and without obligation

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Tell us where the flat is and when it has to be empty. We reply by e-mail in English, usually the same working day.

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