Inherited debts: how to limit your liability as an heir

As an heir you step into the rights and obligations of the deceased, including their debts. In principle you are even liable for them with your own assets. But you can limit the liability to the estate or disclaim the inheritance entirely if you act quickly.

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Your chances of getting your money back

As an heir you are in principle also liable for the estate liabilities, initially even with your own assets (§ 1967 BGB). That is why quick, considered action is important if the estate could be over-indebted.

You can limit the liability to the estate, through estate administration or estate insolvency (§ 1975 BGB). If the estate is clearly over-indebted, you can disclaim the inheritance within six weeks.

What you should do now

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1. Review the estate
Get an overview of the assets and debts before accepting. Avoid consuming estate items.
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2. Consider a disclaimer
If the estate is clearly over-indebted, you can disclaim the inheritance within six weeks of knowledge (§ 1944 BGB).
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3. Limit liability
If you want to inherit but not be liable with your own assets, apply for estate administration or, in case of over-indebtedness, estate insolvency.
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4. Get advice
The paths are subject to deadlines and consequential. Get advice early before you make any declarations.

How to spot the scam

You consume estate items and thereby complicate the limitation of liability.
The 6-week deadline for the disclaimer is running.
Creditors come forward and you have not yet reviewed the estate.

Frequently asked questions

Am I as an heir liable for the debts of the deceased?

Yes, in principle also with your own assets (§ 1967 BGB). But you can limit the liability to the estate or disclaim the inheritance entirely if the estate is over-indebted.

How do I limit my liability to the estate?

Through estate administration or, in case of over-indebtedness, estate insolvency (§ 1975 BGB). Then you are liable only with the estate, not with your own assets. You apply for both at the probate court or insolvency court.

By when can I disclaim the inheritance?

Within six weeks of learning of the inheritance and your appointment (§ 1944 BGB). If the testator lived abroad or you were staying abroad, the deadline is six months. So act promptly if the estate could be over-indebted.

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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.