Probate Care Order Unfortunately this specification of service has not yet been completely translated.
It is not uncommon for someone to die without leaving a will or without relatives who would be known.
If the estate consists of more assets than liabilities, the probate court shall set up a probate nurse.
It is not uncommon for someone to die without leaving a will or without relatives who would be known. If the estate consists of more assets than liabilities, the probate court shall set up a probate nurse. The latter secures and manages the estate and searches for relatives.
If, despite all efforts, no blood relatives can be identified, or the heirs do not accept the inheritance, the estate falls to the state. The estates end when an heir/heiriser is identified or there is no longer a need for care. For example, because the estate was deposited with the depositary office of the district court.
The application for the establishment of a probate pension can be made informally.
- Without the intervention of the competent authority, the preservation of the estate would be at risk.
- The heir/heiriser is unknown.
- It is uncertain whether the heir/heiress will accept the inheritance.
- If the applicant is a creditor of succession (the person who has outstanding claims against the deceased), he/she must demonstrate an interest in legal protection in a probate guarantee. He/she must submit the intention to make a claim against the estate in court. For example, by presenting the rental agreement with the deceased.
If someone dies and leaves behind an over-indebted estate, no estate is set up. It is not the role of the court to settle debts to creditors.
The state does not pay any probate liabilities, nor does it pay for the costs incurred by creditors.
Section 1984 Civil Code (BGB)
Section 1960 ff BGB - Securing the estate
- The creditor of the estate makes an informal application for the establishment of a probate board at the probate court.
- The probate court examines the need for security of the estate.
- If this is the case, the probate court establishes an eprobate order. The estate pension ends when the need for security is eliminated, for example, because a legacy has been found.
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