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Notarize the disclaimer of the 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 what debts are present.

If you do not wish to accept the inheritance, you must expressly declare the disclaimer to the probate court. If you do not wish to visit the probate court in person to declare the disclaimer in writing, you can have a notarized declaration drawn up by a notary and submit it to the probate court. A written declaration without certification 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 accrue to the person who would have been appointed in your place in this case. It then depends on whether the testator has designated substitute heirs or who succeeds you in the legal succession.

Process flow

You go to a notary public for a public certification of your declaration.

Competent authority

The notary can be chosen freely.

The notary sends the certified declaration of disclaimer to the competent probate court.

The probate court with local jurisdiction for the acceptance of the disclaimer is usually the district court in whose district the deceased person had his or her last habitual residence or the district court in whose district the disclaimant has his or her habitual residence.

You can find the competent court on the federal and state justice portal.

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.
  • For minor children, the legal representative must disclaim the inheritance: if necessary, the approval of the family court is required (information on this can be obtained from the probate court). The application must be submitted to the family court responsible for the child's habitual residence. Proof of approval must be submitted 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.
  • If known, you should indicate the persons to whom the inheritance will accrue in the event of your 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 in the amount of 30 euros are incurred for a probate.
  • The notary public charges 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 heir by a will or inheritance contract, the time limit does not begin until the probate court has announced the disposition of property upon death.
  • Six months if the deceased's last place of residence was abroad or
  • you, as the heir, were residing abroad when the time limit commenced.

The rash period cannot be extended.

Processing duration

The disclaimer of an inheritance is accepted immediately. It is advisable to make an appointment by telephone with the notary or notary public of your choice.

Legal basis

Appeal

  • Forms are not required.
  • An online procedure is not possible, as the renegade must appear in person.
  • The disclaimer is made by declaration to the probate court. The declaration must be made on the record of the probate court or publicly certified by a notary public and submitted in this form to the probate court.
  • Personal appearance is required for this purpose.

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 reject the inheritance for their child jointly.

Rejection after acceptance of the inheritance inadmissible

In principle, you can no longer disclaim the inheritance once you have accepted it. In other words, you have shown by your conduct that you accept your position as heir of the deceased person. If you did not know that the estate was overindebted, you may be able to 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 public, who must forward the certified declaration to the court in due time). The effective contestation eliminates the legal consequences of the preceding disclaimer or acceptance. Due to the complicated legal issues involved, timely legal advice is often advisable.

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)

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