Nachlasspflegschaft Anordnung
Hamburg
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99046014088000
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Begriffe im Kontext
<div lang="en-x-mtfrom-de">Appointment of guardian of the estate</div> (Synonym), <div lang="en-x-mtfrom-de">Estate guardianship application</div> (Synonym), <div lang="en-x-mtfrom-de">Estate protection</div> (Synonym), <div lang="en-x-mtfrom-de">security measures for the estate</div> (Synonym), <div lang="en-x-mtfrom-de">Secure your legacy</div> (Synonym)
Fachlich freigegeben am
06.06.2023
Fachlich freigegeben durch
nicht vorhanden
If the heirs are unknown and the estate needs to be secured, the probate court can order guardianship of the estate.
If there are unknown heirs and the estate needs protection, the probate court can order an estate guardianship. The appointed estate guardian secures and manages the estate and searches for relatives.
Over-indebted estate
If someone dies and leaves behind an estate that is heavily indebted, no guardianship of the estate is usually set up. It is not the court's job to ensure that debts are settled with creditors. The state does not pay any estate liabilities and does not cover any costs incurred by creditors.
Over-indebted estate
If someone dies and leaves behind an estate that is heavily indebted, no guardianship of the estate is usually set up. It is not the court's job to ensure that debts are settled with creditors. The state does not pay any estate liabilities and does not cover any costs incurred by creditors.
The application to set up an estate guardianship can be submitted informally.
- 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.
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.
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.
- 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.
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.
- Estate guardianship order
- Heir or heiresses are unknown
- Uncertain whether the heir or heiresses will accept the inheritance
- Estate (assets of the deceased) is available and must be secured
- Not in the case of over-indebted estate
If you want to find out exactly who is responsible for your request, please follow the link to Authority finder Hamburg