Ausschlagung der Erbschaft Niederschrift

• §§ 1942 ff. German Civil Code (BGB)
• Court and Notary Fees Act (GNotKG)
• Fee table

• 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).

• Make an appointment with a competent probate court.
• Please use the forms provided for this purpose.
• Go to the probate court in person and have your statement recorded in writing.
• Attention: A simple letter to the responsible probate court is not sufficient.

• 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.

Where can you turn down?

• The probate court at the testator's last usual place of residence is responsible for the renunciation. This is usually the probate court in the place or district where the deceased person last lived. If this was a hospice or nursing home, special circumstances may arise. You can declare the renunciation at this probate court within the deadline.
• Alternatively, you can also renounce your inheritance at the court where you live. This means the probate court in your own place of residence or in the district where you are registered. This court is also responsible for renunciations and you can renounce your inheritance here within the deadline.
• If you are habitually resident abroad, you may be able to renounce your inheritance at a German consulate. If necessary, contact the local German diplomatic mission. The consulate will forward the declaration of renunciation to the responsible probate court.
• You can also have your declaration of renunciation recorded by any notary, who will then forward it to the relevant probate court. You can find a notary in your area at Notar.de.

Minor children as co-heirs:

• For underage children, only the legal representative can renounce the inheritance. The legal representative is the person who has custody of the child. If both parents have custody, they can only renounce the inheritance for their child jointly.
• If necessary, the approval of the family court may be required (information on this can be obtained from the probate court).

• 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.

• Renunciation of the inheritance in the probate court
• Decision to accept or reject inheritance
• Inheritance based on legal succession, a will or inheritance contract
• Personal declaration to the probate court