Burial & Inheritance: A Practical Guide for Immigrants and Refugees in Germany

Who Issues the Two-Part Death Certificate, and What Is Each Part Used For?

In Germany, a death certificate (Totenschein) is divided into two parts:

1. Part One records the date, time, place, and identity of the deceased.

2. Part Two indicates the approximate cause of death, which is relevant for public health and infectious disease control.

If a natural death occurs at home or in a hospital, a doctor quickly issues the death certificate. The general part of the certificate is sent to the local registry office (Standesamt) to register the death. The second part is sent to the health authority (Gesundheitsamt) to monitor causes of death.

In cases where the cause of death is unclear, the public prosecutor may order an autopsy. The body is then sent to the nearest forensic facility, where the pathologist completes the examination and issues the death certificate.

Why Is the Death Certificate Needed?

The general part of the death certificate is essential for issuing the death certificate, which is required for:

• Accessing the deceased’s bank accounts.

• Opening the will.

• Changing property ownership at the land registry office.

• Adjusting pensions or applying for widow’s pensions.

• Making changes to vehicle registrations and insurance policies.

For example, if an 85-year-old husband passes away and his spouse is the sole heir without personal savings, she needs the death certificate to access her husband’s accounts and pay for the funeral. Without the death certificate, even basic processes cannot proceed.

Legal Deadlines for Burial

German burial laws require that a funeral must take place within nine days of death. Delays are only permitted for justified reasons, such as pending autopsy results or official holidays. However, delays caused by administrative inefficiency, like failing to send the death certificate to the registry office, are not acceptable.

The Role of Funeral Directors (Bestatter)

In practice, the system heavily relies on funeral directors. The registry office often waits for a funeral director to handle all formalities, such as collecting the death certificate from the hospital or forensic facility, and submitting other required documents like marriage and birth certificates.

However, this reliance on funeral directors creates unnecessary dependency and increases costs. Basic funerals in Germany cost at least €3,000, partly because services like handling documents are bundled into funeral packages.

Why Can’t This Process Be Fully Digital?

The process could technically be digital. Hospitals, forensic institutions, and authorities could electronically transmit required documents directly to the registry office. Yet, this is not implemented due to:

1. Outdated Systems: Many registry offices still rely on manual and paper-based processes.

2. Institutional Resistance: A fully digital system could disrupt the established role of funeral directors, who act as intermediaries.

3. Lack of Transparency: Most people are unaware they can handle some formalities themselves, without hiring a funeral director.

Real-Life Case: Challenges in Lübeck

In my experience with a family member’s death in Lübeck:

• The death was reported by the hospital to the registry office, but no further steps were taken by the office.

• The registry office expected a funeral director to collect and submit all necessary documents, even though I attempted to handle this myself as a family member.

• Despite submitting an online death notification, the process did not progress without a funeral director.

This dependency on funeral directors is not legally required but has become standard practice.

What Needs to Change?

1. Digital Infrastructure:

• A nationwide online portal could allow family members to report deaths, upload documents, and request death certificates.

2. Transparency:

• Authorities should clearly inform family members about their rights to handle formalities independently, without a funeral director.

3. Cost Reduction:

• Families should not be forced to pay for unnecessary services if they are willing to manage the process themselves.

Final Thoughts

Currently, there is no complete digital pathway for heirs to obtain a death certificate in Germany without relying on a funeral director. This outdated system increases costs and creates unnecessary delays. Reform is urgently needed to modernize these processes and reduce financial burdens on families, particularly those who are already in a vulnerable position.