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Emergency

An inheritance with debts? Here is how to disclaim it in time

An inheritance brings not only assets but also debts. If the estate is over-indebted, you can disclaim the inheritance and are then not liable for the debts. The short six-week deadline is important.

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Your chances of getting your money back

The disclaimer period is only 6 weeks from knowledge of the death and of your appointment as heir (§ 1944 BGB); 6 months where there is a foreign connection. If you miss it, you count as having accepted and are liable for the debts.
You declare the disclaimer to the probate court (recorded there or notarially certified). If you disclaim, the next relatives move up, and they too should then check and disclaim.

What you should do now

  1. 1

    1. Assess the estate

    Get an overview: are there more debts than assets? When in doubt, inform yourself at banks and creditors and via the debt register.

  2. 2

    2. Mind the deadline

    6 weeks run from knowledge. Do not wait; the deadline is short and strictly handled.

  3. 3

    3. Declare the disclaimer

    Declare the disclaimer at the probate court (local court) for the record or in notarially certified form.

  4. 4

    4. Inform relatives

    After your disclaimer, the next heirs move up. Inform them so they too do not miss the deadline.

Frequently asked questions

How long do I have to disclaim an inheritance?

Six weeks from the moment you learn of the death and of your position as heir (§ 1944 BGB). If the deceased had their last residence abroad or you are staying abroad, it is six months.

What happens if I miss the deadline?

Then the inheritance counts as accepted; you are then generally also liable for the estate's debts, under certain circumstances with your own assets. There are only remedies in exceptional cases (for example, mistake), but that is difficult.

Take action now

We put together the ready-made texts and the right places to contact for you.

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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.