Heirs' liability

Service Description

When an inheritance is accepted, the decedent's liabilities also pass to the heir. Thus, as an heir, you are in principle also liable with your own assets for the debts of the decedent.

However, it is possible to limit the liability to the estate. To do this, the heir must apply for probate administration or probate insolvency proceedings. The respective procedure results in a separation of the parts of the estate. The heir is only liable for the decedent's debts with the inheritance, but is also no longer entitled to dispose of the inheritance.

A further possibility of limitation is the so-called Defence of indigence of the heir. If the value of the estate is too low to cover the costs of the respective proceedings, so that the ordering of an administration of the estate or the opening of estate insolvency proceedings is out of the question, or if the administration of the estate has been revoked or the insolvency proceedings have been discontinued for this reason, the heir may refuse payment to the extent that the estate is not sufficient for this purpose.

However, the heir may lose this possibility of limiting his liability if he does not fulfill his obligation to draw up an inventory (drawing up a list of all estate items and assets) within the prescribed period.

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

Competent Authority

Amtsgericht Erfurt

Rudolfstr. 46
99092 Erfurt

Postal address
Post office box 90 04 33
99107 Erfurt