Waiving an inheritance
Description
As an heir, you must decide whether to accept or reject the inheritance.
This applies regardless of whether you inherit on the basis of intestate succession, a will or an inheritance contract.
First find out what assets and debts there are. If you do not wish to accept the inheritance, you must expressly declare the waiver.
It is not sufficient to submit a written declaration. You can declare the waiver of the inheritance to the probate court or submit a publicly notarized declaration.
The local court is responsible for this,
- in whose district the deceased had his or her habitual residence or
- in whose district you have your habitual residence.
If you have effectively renounced the inheritance, you will be treated as if the inheritance had never been received.
You are an heir and would like to disclaim an inheritance.
You must provide the following documents and proof:
- Identity card or passport with registration certificate
- If the waiver is to be declared for an heir who is a minor: the approval of the family court may be required
- Information on this can be obtained from the probate court. You must submit the application to the family court responsible for the child's habitual residence.
- In the case of waiver by a guardian: approval from the guardianship court.
The fees for a probate are based on the value of the inheritance .
If the estate is over-indebted, a probate will only incur costs of 30 euros.
Objection Deadline: 6 WeeksThis period generally applies from the moment you learn of the inheritance and the reason for your appeal.
Objection Deadline: 6 MonthsThe time limit applies if the deceased's last place of residence was abroad or if you, as the heir, were abroad when the time limit began. If you have been appointed as heir by a will or contract of inheritance, the time limit only begins when the probate court has announced the disposition of property upon death.
The competent court immediately accepts the waiver of an inheritance by personal declaration.
- You go to the probate court in person and have your declaration recorded in writing.
- Alternatively, you can go to a notary and have your declaration notarized. The declaration must then be taken to the probate court.
- Important note: An informal letter to the relevant probate court is not sufficient.
- It is also possible to submit the declaration of renunciation to the probate court in a publicly notarized form.
In the event that the heir is a minor:
For underage children, only the legal representative can waive the inheritance. This is the person who has custody of the child. If both parents have custody of the child, they can only waive the inheritance for their child jointly.
Waiver after acceptance of the inheritance:
In principle, you can no longer waive an inheritance once you have accepted it. If you did not know that the estate was over-indebted, you may be able to contest the acceptance of the inheritance. The contestation is subject to a time and form limit:
- 6 weeks deadline
- Submitted as a declaration to the probate court or notary public
The effective contestation removes the legal consequences of the previous waiver or acceptance. Due to the complicated legal issues involved, it is often advisable to seek legal advice in good time.
Federal Ministry of Justice (BMJ)
11.11.2024
The text was automatically translated based on the German content.
38855 Wernigerode, Stadt
38842 Wernigerode, Stadt
Remark: It is not permissible to bring a legally effective action before a court, a public prosecutor's office or any other judicial authority of the state of Saxony-Anhalt by e-mail, to file applications, to lodge an appeal or to make other procedural declarations. In particular, no deadline is met! The delivery method by e-mail is therefore only suitable for non-form-bound messages. Further information on e-mail traffic and electronic legal transactions can be found under https://lsaurl.de/justizemail. The court's privacy policy can be found at https://lsaurl.de/agwrdsgvo.
Monday 08:30 - 12:00 and 13:00 - 15:30
Tuesday 08:30 - 12:00 and 13:00 - 15:30
Wednesday 08:30 - 12:00
Thursday 08:30 - 12:00 and 13:00 - 15:30
Friday 08:30 - 12:00
