Gewerbebetrieb; Beantragung der befristeten Fortführung ohne qualifizierte Stellvertretung

You can continue a business after the death of the trader even without a qualified deputy. You must apply for permission.

After the death of a trader, the trade may be continued for the account of the surviving spouse or surviving partner.

• the surviving spouse or surviving life partner
• the minor heirs during their minority
• the administrator of the estate, the curator of the estate or the executor of the will

can generally only be operated by qualified deputies (for further information, see "Related topics").

Upon application, the competent authority may permit the trade to be operated without such a deputy for a period of one year after the death of the trader.

• Death of the previous trader
• Authorized exercise of the deceased's trade

  The deceased's trade must not have been discontinued or prohibited; the necessary permits must have been issued and be valid.

• Personal reliability, if applicable, in the case of trades requiring a permit or supervision

  In the case of trades requiring a permit or supervision, the person authorized to continue the trade or the representative must be personally reliable and prove this with corresponding current proof from the Federal Central Register and the Central Trade Register.

per expense: EUR 25 to 250 in accordance with the Schedule of Costs under the Costs Act (Tariff No. 5.III./18)

You must apply in writing to the authority that issued the permit.

The authority will examine your application. If the decision is positive, you will receive a notice that you may continue the business without a qualified deputy for up to one year after the death of the trader. After this period has expired, you must appoint a qualified deputy.