Ancilliary probate proceedings in Germany
According to the principles of the Common Law a personal representative has authority to seize the estate located abroad subject to recognition of the foreign courts. Do German courts recognize a personal representative?
The concept of administration is basically unknown to German inheritance law and the estate passes over directly to the heirs ("principle of direct acquisition of the estate"). Therefore, if German law is applicable under the 
rules of German private international law (e.g. because the deceased was a German national), a personal representative cannot act in Germany (unless he can be qualified as a “Testamentsvollstrecker”). However, even if foreign succession law applies some German courts do not recognize the authority of a personal representative to act in Germany (while others do). As the legal situation is unclear it is advisable to distribute the German assets of the deceased to the heirs which may apply (if necessary) for a certificate of inheritance in their own name. An executor who has the same powers as a German “Testamentsvollstrecker” may act in Germany with the same powers as a Testamentsvollstrecker, e.g. he is entitled to aplly for a certificate of inheritance.