Statement of inheritance Minutes Unfortunately this specification of service has not yet been completely translated.
Once you have become an heir, you must decide whether to accept or turn down the inheritance. You can explain the decisiveing of the inheritance 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 explain the decisiveing of the inheritance 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.
They are heirs and want to knock out an inheritance.
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.
Section 1942 et seq. 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 enough.
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