Inheritance: Liability of heirs Unfortunately this specification of service has not yet been completely translated.

Whoever inherits, in principle, also enters into the debtor position of the deceased person.

As an heir, you generally enter into the debtor status of the testator. In principle, you are also liable with your own assets for the debts of the testator.

However, if the appropriate conditions are met, you can limit your liability to the estate by opening the estate insolvency proceedings or by ordering the estate administration. The prerequisite for this is an application in each case.

Through the respective procedure, a separation of the assets takes place in your favor. They are only liable for liabilities of the testator with the estate, but are then no longer entitled to dispose of the estate. However, you may lose this limitation of liability if you do not comply with your obligation to establish an inventory (drawing up a list of all estate items, estate assets and estate liabilities) in due time or if you create an incorrect inventory.

A further possibility of restriction arises from the so-called plea of poverty of the heir. The prerequisite is that the value of the estate is too low to cover the costs of estate insolvency proceedings or estate administration. However, you may lose this limitation of liability if you do not comply with your obligation to establish an inventory (drawing up a list of all estate items, estate assets and estate liabilities) in due time or if you create an incorrect inventory.





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General information on courts and judicial authorities can also be found on the website of the state government of Schleswig-Holstein.

  • Information on courts and judicial authorities

§§ 1967 ff. Civil Code (BGB).

Related Links

  • §§ 1967 ff. BGB

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