Estate guardianship order

Prerequisites

• Without intervention by the responsible authority, the preservation of the estate would be at risk.
• The heir or heiress is unknown.
• It is uncertain whether the heir or heiress will accept the inheritance.
• Creditors of the estate (persons who have outstanding claims against the deceased) must demonstrate a legal interest in securing the estate. For example, by presenting the rental agreement with the deceased. In addition, the intention to assert a claim against the estate in court must be stated.

Documents required

The application to set up an estate guardianship can be submitted informally.

Please note

Please note:
Legal advice is not available at the probate court.
Please contact the persons authorized to provide legal advice.
These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

No

Procedure

• The creditor of the estate submits an informal application to the probate court to establish guardianship of the estate.
• The probate court examines whether the estate needs to be secured.
• If this is the case, the probate court sets up a guardianship of the estate. The guardianship of the estate ends when the need for security no longer applies, for example because an heir has been found.

Processing time

Due to its urgency, the application will be processed as quickly as possible.

Fees

The costs of the estate guardianship procedure are borne by the heir. The application for the establishment of estate guardianship is free of charge.


An annual fee is payable for the estate guardianship in accordance with the Court and Notary Fees Act. It amounts to 10 euros for every 5,000 euros of estate value, but at least 200 euros.


In addition, the administrator appointed by the court receives a fee.

Legal remedies

No

Legal basis

§§ 1960 ff BGB - Securing the estate

§ 8 GNotKG - Due date of costs

GNotKG - List of costs