Service Finder
Disclaimer of the inheritance minutes
Service Description
If 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 intestate succession, a will or an inheritance contract.
First find out what assets and what debts are present. If you do not wish to accept the inheritance, you must expressly declare the disclaimer.
It is not sufficient for you to submit a written declaration. You can declare the disclaimer of the inheritance to the probate court.
If the inheritance has been effectively disclaimed, the disclaimant will be treated as if the inheritance had never accrued.
Process flow
- You go in person to the probate court and have your declaration recorded in writing.
- Caution: A mere letter to the competent probate court is not sufficient.
Competent authority
The locally competent probate court.
This is either the district court in whose district the deceased had his/her last habitual residence or the district court in whose district the renegade has his/her habitual residence.
Requirements
You are an heir and would like to disclaim an inheritance.
Which documents are required?
- Identity card or passport with certificate of registration.
- It is not mandatory to submit the death certificate. If no death certificate is available, you must provide the full name (with maiden 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 file the application with the family court that has jurisdiction over the child's habitual residence. The approval must be proven to the probate court within the rendition period.
- If a guardian declares the disclaimer, the approval of the guardianship court is required. The approval must be proven within the deadline for the disclaimer.
What are the fees?
The fees for a probate are based on the value of the inheritance. .
If the estate is overindebted, only costs of 30 euros are incurred for a probate.
What deadlines do I have to pay attention to?
- Six weeks from the moment you learn of the inheritance,
- If you are appointed heir by a will or inheritance contract, the time limit does not begin until the probate court has announced the disposition of death.
- Six months if the deceased had his or her last residence only abroad
or
- you were abroad as heir or heiress when the period began.
Processing duration
The disclaimer of an inheritance by personal declaration is accepted immediately.
Legal basis
What else should I know?
Minors
For minor children, only the legal representative can disclaim the inheritance. The legal representative is the person who has custody of the child). If both parents have custody, they can only jointly disclaim the inheritance for their child.
Rejection after acceptance of the inheritance inadmissible
In principle, the inheritance can no longer be disclaimed once the heir has accepted the inheritance. In other words, he/she has shown by his/her conduct that he/she accepts his/her position as successor to the deceased. If the heir/heiress did not know that the estate was overindebted, he/she may under certain circumstances contest the acceptance of the inheritance. The contestation is subject to a time limit and form (6 weeks, declaration to the probate court or the notary). The effective contestation eliminates the legal consequences of the previous disclaimer or acceptance. Due to the complicated legal issues, timely legal advice is often advisable.
Author
The text was automatically translated based on the German content.
Technically approved by
Ministry of Justice of Lower Saxony
Professionally released on
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
Competent Authority
Amtsgericht Stadtroda
Postal address
07641 Stadtroda
Address
07646 Stadtroda
