Legal Question in Real Estate Law in Germany

Re: power of attorney

The answer to your question is not so simple, because it depends on the question at which stage you are: Under German law, the heirs form a community (somehow like a company, but then different as well). For real estate matters, you will need a certificate to be issued by the competent court stating who the heir is or the members of that community are. In order to apply for that certificate, you would need no PoA, because each member of the community of heirs can apply on his/her own. When it comes then to the sale of the real estate, you will need a PoA from each co-heir, under which the signatures have been notarized. It is recommendable to have the notarization of the signatures be done by a German consulate or the embassy. Usually, also honorary consuls are permitted to do that kind of notarization. US-style notaries are not always accepted by the courts, but can suffice eventually.

I hope to have helped you a little bit.