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Disclaiming an inheritance for a child: an over-indebted estate

Children can inherit too, and thus debts. If parents disclaim for themselves, the child often moves up. So that the child is not left with an over-indebted estate, the parents must also disclaim for the child in good time.

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The disclaimer must be declared to the probate court within six weeks of learning of the accrual and the ground of the inheritance (§ 1944 BGB). For a minor child, the custodial parents declare the disclaimer (§ 1643 BGB).
If parents disclaim only for themselves, the child can move up as the next statutory heir. Then a separate disclaimer for the child is needed, otherwise it inherits the debts.

What you should do now

  1. 1

    1. Examine the estate

    Get clarity on whether the estate is over-indebted.

  2. 2

    2. Consider the order

    Note that after the parents' disclaimer, the child often moves up.

  3. 3

    3. Disclaim for the child

    Declare the disclaimer for the child too at the probate court within the deadline.

  4. 4

    4. Clarify consent

    Check whether family court consent is required.

How to spot the scam

  • Disclaiming is done only for the parents, not for the child who moves up.
  • The six-week deadline is missed.
  • A required family court consent is overlooked.

Frequently asked questions

Do I have to disclaim separately for my child?

Often yes. If the parents disclaim for themselves, the child moves up as the next statutory heir. So that it does not inherit the over-indebted estate, the custodial parents must also disclaim for the child in good time (§ 1643 BGB).

Which deadline applies?

Six weeks from learning of the accrual of the inheritance and the ground of the calling (§ 1944 BGB). For the child who moves up, the deadline regularly only begins when the parents learn of its position as heir. Nevertheless, act promptly.

Do I need the court's consent?

For the disclaimer in the child's name, family court consent may be required depending on the constellation. For a clearly over-indebted estate, however, the disclaimer is often exempt from consent. Clarify this in the individual case with the probate court.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.