Waiver of inheritance Transcript

Once you have become an heir, you must decide whether to accept or reject the inheritance. You can declare the waiver of the inheritance to the probate court.

Once you have become an heir, you must decide whether to accept or reject the inheritance. This applies regardless of whether you inherit on the basis of legal succession, a will or a contract of inheritance.

First, find out what assets and liabilities are present. If you do not wish to accept the inheritance, you must expressly declare the waiver.

It is not enough for you to provide a written statement. You can declare the waiver of the inheritance to the probate court.

If the inheritance has been effectively rejected, the rejector 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), date of death and last habitual residence of the deceased person.
  • Indication of minor children as co-heirs: If necessary, the approval of the family court is required (information on this can be obtained from the probate court). You must submit the application to the family court that has jurisdiction over the child's habitual residence. The approval must be proven to the probate court within the waiver period.
  • If a supervisor declares the waiver, the approval of the care court is required. The approval must be proven within the deadline for rejection.

Preconditions

You are an heir and want to reject an inheritance.

Hints

Minor

For minor children, only the legal representative can reject the inheritance. The legal representative is the one who has custody of the child). If both parents have custody, they can only jointly reject the inheritance for their child.

Waiver after acceptance of the inheritance inadmissible

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

Related Links

  • ยงยง 1942 ff. Civil Code (BGB)
  • You personally go to the probate court and have your declaration recorded in writing.
  • Attention: A mere letter to the competent probate court is not sufficient.

Responsible for the content
Lower Saxony Ministry of Justice

Last update or date of publication
14.08.2020