Service Finder
Notarize the waiver of inheritance
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 debts there are.
If you do not wish to accept the inheritance, you must expressly declare the waiver to the probate court. If you do not wish to visit the probate court in person to declare the waiver for the record, you can have a notarized declaration drawn up by a notary and submit it to the probate court. A written declaration without notarization of your signature is not sufficient.
If you renounce the inheritance, you will be treated as if you had not been alive at the time of the inheritance, i.e. the inheritance will go to the person who would have been appointed in your place in this case. It then depends on whether the testator has appointed substitute heirs or who succeeds you in the legal succession.
Process flow
You go to a notary for a public notarization of your declaration.
Competent authority
The notary can be chosen freely.
The notary forwards the notarized declaration of waiver to the competent probate court.
The probate court locally responsible for accepting the waiver is generally the district court in whose district the deceased person had their last habitual residence or the district court in whose district the waiver applicant has their habitual residence.
You can find the competent court on the federal and state justice portal.
Requirements
You are an heir and would like to waive an inheritance.
Which documents are required?
- Identity card or passport with registration certificate
- It is not mandatory to submit the death certificate. If no death certificate is available, you must provide the full name (with maiden name), the date of death and the last habitual residence of the deceased person.
- In the case of minor children, the legal representative must waive the inheritance: the approval of the family court may be required (information on this can be obtained from the probate court). You must submit the application to the family court responsible for the child's habitual residence. Proof of approval must be submitted to the probate court within the deadline.
- If a guardian declares the waiver, the approval of the guardianship court is required. Proof of approval must be provided within the deadline for waiver.
- If known, you should specify the persons who will receive the inheritance in the event of your waiver.
What are the fees?
- The fees for a probate are based on the value of the inheritance.
- If the estate is over-indebted, the costs for the probate are only 30 euros
- The notary will charge additional costs (VAT and expenses).
What deadlines do I have to pay attention to?
- Six weeks from the moment you learn of the inheritance.
- If you have been appointed as heir by a will or contract of inheritance, the period only begins when the probate court has announced the disposition of property upon death.
- Six months if the deceased's last place of residence was only abroad or
- you as the heir were abroad at the beginning of the period.
The deadline for waiver cannot be extended.
Processing duration
The waiver of an inheritance is accepted immediately. It is advisable to make an appointment by telephone with the notary of your choice.
Legal basis
Appeal
- Forms are not required.
- An online procedure is not possible, as the person making the waiver must appear in person.
- The waiver is made by declaration to the probate court. The declaration must be made for the record of the probate court or publicly notarized by a notary and submitted to the probate court in this form.
- Personal appearance is required for this.
What else should I know?
Minors
For underage children, only the legal representative can waive the inheritance. The legal representative is the person who has custody of the child. If both parents have custody of the child, they can only waive the inheritance for their child jointly.
Waiver inadmissible after acceptance of the inheritance
In principle, you can no longer waive the inheritance once you have accepted it. In other words, you have shown through your actions that you accept your position as the deceased person's heir. If you did not know that the estate was over-indebted, you may be able to contest the acceptance of the inheritance. The contestation is subject to a time and form limit (6 weeks; declaration to the probate court or the notary, who must forward the notarized declaration to the court in due time). The effective contestation removes the legal consequences of the previous waiver or acceptance. Due to the complicated legal issues involved, it is often advisable to seek legal advice in good time.
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry for Migration, Justice and Consumer Protection (TMMJV)
Professionally released on
07.02.2023
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
Competent Authority
Amtsgericht Arnstadt
Address
99310 Arnstadt, Stadt
Postal address
99304 Arnstadt, Stadt
Further Authorities
Postal address
98648 Ilmenau
