Waiver of inheritance at the notary

Prerequisites

You are an heir and would like to refuse an inheritance.

Documents required

• Identity card or passport with registration certificate
• It is not mandatory to present the death certificate. If there is no death certificate, you must provide the full name (including maiden name), date of death and last habitual residence of the deceased person.
• Specifying minor children as co-heirs. If necessary, the approval of the family court is required (the probate court will provide information on this). The approval must be proven to the probate court within the rejection period (6 weeks).
• If a guardian declares the refusal, the approval of the guardianship court is required. Proof of approval must be provided within the rejection period.

Please note

Minor children:

• For minor children, only the legal representative can refuse the inheritance. The legal representative is the person who has custody of the child. If both parents have custody, they can only refuse the inheritance for their child jointly.
• If there are minors as co-heirs and they are to be rejected, the approval of the family court is required (the probate court will provide information on this).
• You must submit the application for approval of the renunciation of minor children to the responsible family court. This is the family court at the child's usual place of residence (usually place of residence).
• The approval must be proven to the probate court within the rejection period (6 weeks).

Abroad:

• If you have your habitual residence abroad, you may be eligible for a refusal at a German consulate. If necessary, please contact the local German mission abroad.

Deadlines

• The formal renunciation must be received by the responsible probate court within six weeks of the moment you find out about your status as heir.


• So arrange the appointment with the notary so that there is enough time for the declaration of renunciation to be sent.


• If you are named as an heir through a will or an inheritance contract, the period only begins when the probate court has announced the disposition upon death.


• The deadline is six months if the deceased's last residence was abroad or if you, as the heir, were abroad when the deadline began.

Procedure

• You make an appointment to have the renunciation made with a notary of your choice.
• They declare the rejection in a publicly certified form.
• The notary forwards the rejection to the responsible probate court.
• The formal declaration of renunciation must reach the responsible probate court within six weeks of becoming aware of your heir status.

Processing time

Appointment with the notary required.

Fees

The fees for disclaiming an inheritance are based on the value of the inheritance.


Minimum fee 30 euros.

Court and Notary Fees Act (GNotKG)

Legal remedies

Challenge:

• In principle, the inheritance can no longer be rejected if the heir or heiress has accepted the inheritance. His behavior has shown that the position as successor to the deceased is accepted.


• If the heir or heiress did not know that the estate was over-indebted, or if there were certain other errors, he or she can challenge the acceptance of the inheritance.


• Challenging the acceptance of the inheritance acts like a renunciation.


• Because of the complicated legal issues, timely legal advice from a lawyer is often advisable. The probate court is not allowed to give advice.

Legal basis

§§ 1942 ff. Civil Code (BGB)