Erbschaft ausschlagen

Do you want to waive your inheritance? Then you must declare this to the probate court in due form and time.

If you have become an heir, in principle you take over all the assets and liabilities (debts) of the deceased. However, you are not obliged to accept an inheritance, but can also refuse it. This applies regardless of whether you inherit on the basis of intestate succession, a will or an inheritance contract. Find out what assets and debts are available. If you have decided not to accept the inheritance, you must declare the waiver of the inheritance.

Court or notary fees are incurred in accordance with the statutory provisions.

The waiver must be declared to the competent probate court. The declaration must be made either for the record of the probate court or in publicly notarized form. An informal letter to the probate court is not sufficient.

The notice period is generally six weeks. It begins when you become aware of the claim and the reason for your appointment as heir.

Answers to many important questions can also be found in the brochure "Erben und Vererben" (Inheritance and Bequest) published by the Federal Ministry of Justice and Consumer Protection . This can be downloaded from the Ministry's homepage.

Anyone wishing to waive their inheritance must declare this to the probate court in due form and time.

Please contact the probate court or a notary.

The probate court responsible for the deceased's (testator's) place of residence has local jurisdiction. The declaration of waiver can also be declared to the local court in whose district the waiver applicant himself has his domicile or habitual residence.