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Estate curatorship: when the heirs are unknown

If, after a death, it is uncertain who is the heir, or if no one accepts the inheritance, the estate can remain unsecured. The probate court can then order estate curatorship to secure and administer the estate.

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Your chances of getting your money back

As long as the heir is unknown or the acceptance of the inheritance is uncertain, the probate court can appoint an estate curator to secure the estate (§ 1960 BGB). The curator administers and secures the estate for the unknown heirs.
Estate creditors also have an interest in estate curatorship: through the estate curator, they can assert their claims when no heir is available.

What you should do now

  1. 1

    1. Clarify the situation

    Establish that the heir is unknown or the acceptance is uncertain.

  2. 2

    2. Inform the court

    Contact the probate court and suggest estate curatorship.

  3. 3

    3. Await securing

    The appointed estate curator secures and administers the estate.

  4. 4

    4. File claims

    As a creditor, file your claim with the estate curator.

How to spot the scam

  • An unsecured estate loses value or is spirited away.
  • Creditors find no point of contact.
  • Necessary steps at the probate court are omitted.

Frequently asked questions

When is estate curatorship ordered?

When the heir is unknown or it is uncertain whether the inheritance will be accepted, and there is a need for securing. The probate court then appoints an estate curator who secures and administers the estate for the unknown heirs (§ 1960 BGB).

What does an estate curator do?

They secure and administer the estate, often investigate the heirs, and represent the estate externally. They act in the interest of the unknown heirs and under the supervision of the probate court, until it is established who inherits.

How do I get my money as a creditor?

You can suggest to the probate court the appointment of an estate curator and file your claim with them. They are the point of contact for estate liabilities as long as no heir is available, and can settle justified claims from the estate.

Take action now

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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.