Disclaimer of the inheritance at the probate court

Prerequisites

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

Documents required

• Identity card or passport with proof of registration
• It is not mandatory to present the death certificate. If no death certificate is available, you must provide the full name (including maiden name), date of death and last habitual residence of the deceased person.
• Identification of minor children as co-heirs: Approval from the family court may be required (information on this can be obtained from the probate court).

Please note

Where can you pull out?

• The probate court responsible for processing disclaimers of inheritance is the one located at the deceased's last habitual residence. This is usually the probate court in the town or district where the deceased last lived. If this was a hospice or nursing home, there may be special procedures. You can declare your disclaimer of inheritance to this probate court within the prescribed time limit.
• Alternatively, you can also disclaim the inheritance at your local court. This means the probate court in your own town or in the district where you are registered. This court is also responsible for disclaiming the inheritance, and you can do so there within the prescribed time limit.
• If you are habitually resident abroad, you may be able to disclaim your inheritance at a German consulate. If necessary, contact the German embassy or consulate in your country of residence. The consulate will forward your disclaimer to the competent probate court.
• You can also have your declaration of disclaimer drawn up by any notary, who will then forward it to the competent probate court. You can find a notary near you at Notar.de.

Minor children as co-heirs:

• For minor children, only their legal representative can disclaim an inheritance. The legal representative is the person who has custody of the child. If both parents have custody, they can only disclaim the inheritance jointly on behalf of their child.
• Approval from the family court may be required (the probate court can provide information on this).

The probate court does not provide legal advice. Please contact a law firm or notary's office authorized to provide legal advice.
The Public Legal Information Office (ÖRA) offers affordable legal advice for people with low incomes.

Deadlines

• The formal renunciation must be received by the competent probate court within a period of six weeks.


• The period begins on the day on which you become aware of your status as heir.


• If you have been named as an heir through a will or inheritance contract, the period only begins when the probate court has announced the disposition of the estate.


• The period is six months if the deceased's last place of residence was abroad or if you, as the heir, were abroad at the start of the period.

Procedure

• In order to renounce an inheritance, a personal appointment at the responsible district court is always necessary.
• To arrange this appointment, please use the link to the online inheritance renunciation service. This will show you the local court responsible for you and send the data you have entered directly to the correct place. The next steps will be shown to you after you have sent the appointment request.
• Alternatively, you still have the option of completing the appointment form provided for your matter in writing and sending it to the probate court responsible for you (which can be researched using the authority finder).
• Attention: A simple letter to the responsible probate court is not sufficient for a legally effective renunciation.

Processing time

The processing time for the appointment by the responsible probate court can vary depending on the circumstances. If you need an appointment at short notice because a deadline is approaching, we will contact you as soon as possible. Please refrain from asking. In particularly urgent cases, we recommend that you contact a notary's office.

Fees

The fees for renouncing an inheritance depend on the value of the inheritance.


Minimum fee 30 euros.

Legal remedies

Challenge:

• In principle, the inheritance can no longer be refused if the heir has accepted the inheritance, i.e. has shown through his or her behavior that he or she accepts the position as successor to the deceased.


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


• Due to complex circumstances, it is often advisable to seek legal advice from a lawyer in good time. The probate court is not permitted to provide advice.

Legal basis

• §§ 1942 ff. German Civil Code (BGB)


• Court and Notary Fees Act (GNotKG)


• Fee table