Notarising the rash of the inheritance

If you do not wish to accept an inheritance, you must declare the decision of the inheritance to a notary, have it certified and submit it to the probate court.

Once you have become an heir, you must decide whether to accept or turn down the inheritance. This applies regardless of whether you inherit on the basis of legal succession, a will or an inheritance contract. First, find out which assets and liabilities are available.

If you do not wish to accept the inheritance, you must explicitly declare the rash. It is not enough for you to make a written statement.

You can declare the decision of the inheritance to a notary, have it certified and submit it to the probate court.

If the inheritance has been effectively rejected, the one or the former is treated as if the inheritance had never accrued.

  • Identity card or passport with registration certificate
  • The presentation of the death certificate is not mandatory. If there is no death certificate, you must provide the full name (with birth name), the date of death and the last habitual residence of the deceased person.
  • Indication of minor children as co-heirs. If necessary, the approval of the Family Court is required (for further information, please contact the Probate Court). You must submit the application to the Family Court, which is responsible for the child's habitual residence. The approval must be proven to the probate court within the time limit for the fall.
  • If a caregiver explains the rash, the approval of the care court is required. The authorisation must be demonstrated within the time limit for the failure.
  • Forms are not required.
  • An online procedure is not possible, as the personal appearance of the knocker is required.
  • The decisive action is made by declaration to the probate court. The declaration shall be made to the transcript of the probate court or in a publicly certified form with the notary.com.
  • Personal appearance is required for this purpose.

Preconditions

They are heirs and want to knock out an inheritance.

Hints

Minors

For minor children, only the legal representative can choose the inheritance. The legal representative is the person who has custody of the child. If both parents have custody, they can only collectively choose the inheritance for their child.

Decision after acceptance of the inheritance inadmissible

In principle, the inheritance can no longer be rejected if the heir/heiress has accepted the inheritance. Thus, his/her behaviour has shown that he/she accepts his/her position as successor to the deceased. If the heir/heir did not know that the estate is over-indebted, he/she may be able to challenge the acceptance of the inheritance. The challenge is time-bound and formal (6 weeks, declaration to the probate court or the notary). The effective challenge eliminates the legal consequences of the previous rash or acceptance. Because of the complicated legal issues, timely legal advice is often advisable.

Related Links

  • Section 1942 et seq. Civil Code (BGB)

You go to a notary for a public certification of your declaration.

Responsible for the content
Lower Saxony Ministry of Justice

Last update or date of publication
14.08.2020