The heir may waive the inheritance if it has not yet been accepted and the deadline for waiver has not yet expired. The inheritance is deemed to have been accepted once the deadline has expired.
More Information
Publisher
Bremen, Stadt
Last update or date of publication
Contact
The government service telephone number 115 – your point of contact for questions related to the federal, state and local.
Monday through Friday from 8:00 to 18:00 (and beyond these times in some regions).
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Preconditions
Your waiver of inheritance is only effective if your signature has been notarized by a notary of your choice and the declaration is received by the probate court within the waiver period.
The waiver can also be notarized at the court of your place of residence or the Bremen district court as the locally competent court within the waiver period.
Hints
The probate court is the local court at the last habitual residence of the deceased. This is not necessarily the last place of residence under registration law, but the place where the deceased last lived.
For the notarization of declarations of renunciation at the local courts of Bremen and Bremen-Blumenthal, an appointment must be made via the responsible office.
fee
- Fee
- The fee for notarisation of the rash declaration at the local court is usually 30 Euros. It is advisable to reject with several persons at the same time. The notary's fees are charged according to the same law. The notary also charges the value added tax and any expenses.0.00 to 30.00 EUR
- Advance payment
- no
Basis for legal action
Legal Remedies
Please enquire about your legal remedies at the responsible office.
Procedure
The renunciation must be declared in a form certified by a notary or recorded by the probate court; that is to say
a) the signature must either be notarized by a notary public, or
b) the declaration must be recorded by the probate court;
c) the declaration must be recorded by the court of the renouncer’s place of residence
As a result of a declaration of renunciation, the inheritance passes, in probate proceedings governed by the rules of intestate succession, to the children and also to the grandchildren, great-grandchildren, and so on, of the person renouncing the inheritance, as well as, where applicable , to other collateral relatives.
For minor children, the legal representative decides whether to renounce the inheritance. Legal representatives are generally the children’s parents jointly. A renunciation of inheritance on behalf of the children is effective only if it is made by both parents . Both parents may also declare the renunciation separately. Anyone who has sole custody of minor children—or no custody at all—should mention this in the declaration of renunciation.
Under certain conditions, approval from the family court is required. Proof of this approval must then be submitted to the probate court within the renunciation period.
An authorized representative may submit the declaration of renunciation only if the power of attorney has been notarized. This power of attorney must be attached to the declaration or submitted within the renunciation period (Section 1945(3) of the German Civil Code (BGB)).
Deadlines
The period for waiver is 6 weeks. However, it is 6 months if the testator's last habitual residence was abroad or if the person to whom the inheritance was due was abroad at the beginning of the period. The time limit begins with the knowledge of the receipt of the inheritance and the reason for the appointment as heir (i.e. on the basis of the notification of the existence and content of a will or on the basis of the notification that at least one preceding heir has disclaimed the inheritance) and can therefore also be well after the date of death of the deceased. If the declaration of renunciation is notarized at the court of residence or at the competent probate court, the declaration is deemed to have been made within the deadline when signed. In the case of notarization by a notary or a court other than those mentioned, the declaration of waiver only becomes effective within the deadline when it is received by the competent probate court. The risk for this is borne by the person making the waiver. The person to whom the inheritance only accrues due to a declaration of waiver by a previously appointed heir is notified by the probate court. If there is a will, the period does not begin before the will is opened and the heirs are notified accordingly.