Disclaiming an inheritance: act quickly when there are debts

The deadline

The disclaimer must be declared within six weeks (§ 1944 BGB). The period begins as soon as you learn of the death and of the fact that you have become an heir. Where there is a will, it does not begin before the will has been announced by the probate court. If the deceased had their last residence only abroad or you are abroad when the period begins, the deadline is six months. If the period lapses, the inheritance is deemed accepted.

The form

A simple letter is not enough. The disclaimer is declared to the probate court, either in person for the court's record or in a declaration certified by a notary (§ 1945 BGB). You can also submit it to the probate court at your own place of residence. What matters is that it reaches the court in time.

What happens next

• The inheritance passes to the persons who would inherit without you, often your own children. They too must disclaim; for minors, both parents together.
• By disclaiming, you generally also lose the compulsory portion. Exceptions apply, for example, to spouses in the community of accrued gains (Zugewinngemeinschaft) and to encumbered shares of the inheritance.
• If you accepted the inheritance by mistake because you did not know about the over-indebtedness, a contestation may be possible, likewise within six weeks.

Alternatives to disclaiming

If it is unclear whether the estate is over-indebted, liability can also be limited to the estate, for example through estate administration (Nachlassverwaltung) or estate insolvency (Nachlassinsolvenz). We check which route is right for you and your family.