Does my partner automatically inherit everything if we have no children?

No. Without a will, alongside the deceased’s parents and siblings the spouse inherits only a statutory share (section 1931 BGB) — three quarters under the usual property regime, otherwise often a half. Anyone who wants the house to go entirely to their partner needs a will. An unmarried partner inherits nothing at all under the statute.

What happens if no relatives are left at all?

If there is neither a spouse nor relatives, the estate passes to the state (section 1936 BGB). This is rare but real — and one more reason to set out in a will whether, say, a charitable organisation or a close person should receive the house.

Why is a power of attorney especially important without children?

Because without children no one steps in for you as a matter of course when you can no longer decide for yourself. If a power of attorney is missing, the guardianship court appoints a legal guardian — in case of doubt a stranger. A power of attorney, by contrast, decides early whom you entrust with this task.

Knowledge · Guide · German law applies

No children: ordering the house and provision calmly.

People without children often assume “it will sort itself out”. In fact childlessness is the biggest blind spot in estate planning: with no will, your partner does not inherit as a matter of course — and with no children to act in a crisis, your provision matters all the more. Both can be ordered early, in your own time.

Read the full guide · 12 pp.

As at: June 2026

The answer first. With no will and no children, the law distributes the estate differently from what many expect: alongside the spouse, the parents inherit and — through them — the siblings (section 1925 BGB), then the grandparents (section 1926 BGB), and if no relatives remain, everything passes to the state (section 1936 BGB). Alongside these relatives the spouse does inherit a statutory share (section 1931 BGB), but not everything. Anyone who wants the house to go to a particular person — a partner, a niece, a friend, a good cause — needs a will. And because, without children, no one steps in for you as a matter of course when you can no longer decide for yourself, a power of attorney for healthcare and welfare, an advance healthcare directive and a care directive belong early in the same folder.

Statutory succession follows orders. The first order is one’s own descendants — for someone who has none, the second order moves up: the parents and, if they have died, their descendants, that is the siblings and their children (section 1925 BGB). If they too are gone, the grandparents and their line follow (section 1926 BGB). Only when there are no relatives and no spouse at all does the state inherit (section 1936 BGB) — a rare but real case.

The spouse stands alongside: next to relatives of the second order they inherit a statutory share (section 1931 BGB), usually three quarters under the statutory property regime, otherwise a half — with the remainder going to the deceased’s parents or siblings. So anyone who assumes “my partner gets everything anyway” is mistaken in many cases. This is exactly where the quiet gap arises that a will closes.

The statutory distribution is the legislator’s assumption about an average case — it rarely matches exactly what a childless couple or a single person actually wants. If the house is to go to a long-standing partner, a niece, a friend or a charitable organisation, only a will leads there. Without that provision the order of kinship applies, and people who are close to you but not related receive nothing.

A will orders not only who inherits, but also how conflict is avoided — for instance where several siblings or more distant relatives would inherit together and have to share an inherited property. Deciding early lifts this burden from those left behind. Whether transferring during your lifetime is wiser than bequeathing is set out under Gifting or bequeathing.

Inheritance law governs what happens after death. At least as important is who may act for you while you are alive but can no longer decide for yourself — after an accident, a serious illness, or in the course of dementia. For people with children the gaze often falls naturally on the offspring; someone without children does not automatically have that obvious trusted person at their side.

A power of attorney for healthcare and welfare determines who may speak for you in matters of health, finances and housing. An advance healthcare directive records your wishes on medical treatment (section 1827 BGB), and a care directive names the person you trust in case a court nevertheless establishes a guardianship. If these papers are missing, the guardianship court appoints a legal guardian — in case of doubt a stranger who does not know you. That is exactly what you can avert by deciding early whom you trust.

Statutory succession without children (gesetzliche Erbfolge ohne Kinder): With no will and no descendants, alongside the spouse the parents inherit and through them the siblings (section 1925 BGB), then the grandparents (section 1926 BGB); if all relatives are absent, the state inherits (section 1936 BGB). The spouse inherits only a statutory share (section 1931 BGB), not everything.
Power of attorney for healthcare and welfare (Vorsorgevollmacht): A written authority by which a self-chosen trusted person may act for you in matters of health, finances and housing when you can no longer do so yourself. In many cases it spares you a court-appointed guardian who is a stranger — a central building block of provision, especially without children.

Does my partner automatically inherit everything if we have no children?: No. Without a will, alongside the deceased’s parents and siblings the spouse inherits only a statutory share (section 1931 BGB) — three quarters under the usual property regime, otherwise often a half. Anyone who wants the house to go entirely to their partner needs a will. An unmarried partner inherits nothing at all under the statute.
What happens if no relatives are left at all?: If there is neither a spouse nor relatives, the estate passes to the state (section 1936 BGB). This is rare but real — and one more reason to set out in a will whether, say, a charitable organisation or a close person should receive the house.
Why is a power of attorney especially important without children?: Because without children no one steps in for you as a matter of course when you can no longer decide for yourself. If a power of attorney is missing, the guardianship court appoints a legal guardian — in case of doubt a stranger. A power of attorney, by contrast, decides early whom you entrust with this task.
What are an advance healthcare directive and a care directive for?: The advance healthcare directive records your wishes on medical treatment, binding on doctors and attorneys (section 1827 BGB). The care directive names the person you trust in case a court nevertheless establishes a guardianship. Together with the power of attorney they form the provision folder.

Gifting or bequeathing

Transfer during your lifetime or settle it in a will — the paths calmly compared.

The inherited property

What to do when a house passes to several people without a clear arrangement.

This article provides orientation and does not replace legal or tax advice. A will, power of attorney and directives you draw up with a notary or lawyer; we prepare the questions around house and assets with you.