Inheritance Law · Disclaiming an Inheritance
Disclaiming an Inheritance – Deadline, Costs & Procedure
An inheritance is not only assets – you also take on the deceased's debts. If the estate is over-indebted or unclear, disclaiming it may be the right step. But beware: you only have 6 weeks.
Anyone who misses the deadline or accidentally accepts the inheritance may be liable with their private assets. I quickly check whether disclaiming makes sense and ensure the formally correct procedure.
The most important deadline
The disclaimer must be declared within 6 weeks of becoming aware of the inheritance and the reason for your status as heir (§ 1944 BGB). If the deceased lived abroad, or you do, the period extends to 6 months. The declaration is made to the probate court or notarially.
Key facts
- Deadline: 6 weeks from knowledge (abroad: 6 months).
- Cost: approx. €30 court fee (scaled by estate value).
- Declaration at the probate court or before a notary.
- A declared disclaimer is generally final.
When does disclaiming make sense?
The estate is over-indebted
If debts exceed assets, disclaiming protects your private assets from the deceased's creditors.
The estate is unclear
If you cannot assess assets and debts, disclaiming or limiting liability may be advisable – this should be checked quickly.
Targeted transfer to children
By disclaiming, the next generation moves up. This can be intended for tax reasons or targeted asset distribution.
How to proceed
Review the estate
Get a quick overview of assets and debts – ideally with legal help.
Secure the deadline
The 6-week period runs from knowledge. Act immediately so you do not become heir automatically by lapse of time.
Declare the disclaimer
The declaration is form-bound, made to the probate court or notarially – we prepare it correctly.
Clarify the consequences
Who moves up? Are there compulsory-portion rights? I clarify the consequences for you and your family.
Caution – these mistakes cost money
- Letting the 6-week deadline lapse – the inheritance then counts as accepted.
- Using or selling estate items – this can be deemed acceptance.
- Applying for a certificate of inheritance – this too counts as acceptance.
- Disclaiming although the estate is valuable – the disclaimer is usually final.
Frequently asked questions about disclaiming
How long do I have to disclaim an inheritance?
You have 6 weeks from knowledge of the inheritance and the reason for your status as heir. If the deceased lived abroad, or you do, the period is 6 months. The deadline cannot be extended.
What does it cost to disclaim an inheritance?
The court fee depends on the estate value and is usually around €30 for an over-indebted estate. Notarial certification of the signature incurs additional costs.
What happens if I disclaim the inheritance?
You are treated as if you had never become heir. The inheritance passes to the next person in line – usually your children. If everyone disclaims, ultimately the state may inherit.
Can I reverse a disclaimer?
Only in narrow exceptional cases, such as error or deception, and only by timely contestation of the disclaimer. In principle the disclaimer is final – so have it checked beforehand.
Do I still get the compulsory portion despite disclaiming?
Usually not: anyone who disclaims generally also loses the compulsory portion. There are narrow exceptions, e.g. for the surviving spouse in the statutory matrimonial property regime. This should be checked by a lawyer in advance.
Disclaim an inheritance? Have it checked quickly.
With deadlines, every day counts. Tell me about your situation – I give you a clear assessment promptly.