In Germany, an inheritance passes to the heir automatically — together with any debts. Therefore, if the estate is burdened with debts or you do not wish to accept it for other reasons, it is important to disclaim it in time and in the correct form (Erbausschlagung). Below are the deadlines, the form, the consequences and typical mistakes.
Key points
- Deadline: 6 weeks; 6 months where there is a connection abroad (§ 1944 BGB).
- Form: a declaration to the Nachlassgericht or with a notarially certified signature (§ 1945 BGB).
- Once the deadline has expired, the inheritance is deemed to have been accepted (§ 1943 BGB).
- On behalf of children, a separate disclaimer is required — often with the approval of the family court.
The inheritance passes automatically
The estate passes to the appointed heir at the moment of death, but the heir is entitled to disclaim it (§ 1942 BGB). It can no longer be disclaimed once the inheritance has been accepted or the deadline has expired: on expiry of the deadline, the inheritance is deemed to have been accepted (§ 1943 BGB). An inheritance can also be accepted by conduct — for example, by disposing of the deceased's assets — so it is better to take no action until a decision has been made.
Deadlines for disclaiming
- 6 weeks — from the time the heir learned of the inheritance and of the grounds for their appointment as heir (by law or by will). In the case of succession by will, the period does not begin before the will has been opened and announced by the Nachlassgericht (§ 1944 Abs. 1, 2 BGB).
- 6 months — if the deceased's last place of residence was only abroad or the heir was abroad when the period began (§ 1944 Abs. 3 BGB).
Form of the declaration
The disclaimer is declared to the Nachlassgericht — in person for the record or in a form with a publicly certified signature, usually before a notary (§ 1945 Abs. 1 BGB). A simple letter or e-mail is not valid. A representative requires a power of attorney with a publicly certified signature (§ 1945 Abs. 3 BGB). Heirs abroad can have their signature certified, among other places, at a German consulate. A disclaimer cannot be made subject to a condition or a time limit.
The declaration usually states: the details of the heir and of the deceased (name, date of death, last place of residence), the grounds for the appointment as heir and a clear declaration disclaiming the inheritance on all grounds of appointment.
Consequences of disclaiming
The person disclaiming is deemed never to have received the inheritance. The estate passes to the person who would have been the heir if the person disclaiming had not survived the deceased (§ 1953 BGB) — often to their children. The Nachlassgericht notifies the next heir of the disclaimer. Therefore, in the case of an estate burdened with debts, all heirs down the line usually disclaim — including minor children.
Disclaiming on behalf of minor children
The parents disclaim on the child's behalf. As a rule, the approval of the family court is required. If the child became an heir only as a result of the parent's disclaimer, approval is needed only if that parent was appointed as heir alongside the child (§ 1643 Abs. 3 BGB). The period for the child runs independently — it is important not to miss it.
Missed the deadline or made a mistake
The acceptance of an inheritance, a disclaimer and the failure to meet the deadline can be challenged — for example, if the heir was mistaken about essential characteristics of the estate (§ 1956 BGB). The period for the challenge is six weeks from the time the ground became known, or six months where there is a connection abroad (§ 1954 BGB). Such cases require a prompt and precise legal assessment.
Alternatives to disclaiming
If it is unclear whether the debts exceed the assets, disclaiming is not the only option. The heir's liability can be limited to the estate through administration of the estate or estate insolvency proceedings (Nachlassverwaltung, Nachlassinsolvenz, § 1975 BGB) and, where the estate is insufficient, through the defence of insufficiency of the estate (§ 1990 BGB).
See also: "Inheritance in Germany".
Frequently asked questions
What is the deadline for disclaiming an inheritance in Germany?
Six weeks from the time the heir learned of the inheritance and the grounds for their appointment as heir (§ 1944 BGB). Six months if the deceased lived only abroad or the heir was abroad when the period began.
Can I disclaim an inheritance by a written letter?
A simple letter is not sufficient. The disclaimer is declared to the probate court (Nachlassgericht) either in person for the record or in a form with a publicly certified signature — usually before a notary (§ 1945 BGB).
What happens if I miss the deadline?
The inheritance is deemed to have been accepted (§ 1943 BGB). The failure to meet the deadline can be challenged, for example if the heir was mistaken about essential circumstances; the period for the challenge is six weeks or six months (§§ 1954, 1956 BGB).
Who inherits after I disclaim?
The person who would have been the heir if the person disclaiming had not survived until the succession opened — often their own children (§ 1953 Abs. 2 BGB). They too will have to decide whether to disclaim.
Is court approval required to disclaim an inheritance on behalf of a child?
As a rule, yes — the approval of the family court is required. If the child became an heir only because of the parent's disclaimer, approval is needed only if the parent was appointed as heir alongside the child (§ 1643 Abs. 3 BGB).
Conclusion
Disclaiming an inheritance in Germany is a simple but strictly formal procedure: the deadline and the form are decisive. We review the estate, prepare the declaration, arrange certification — including for heirs abroad — and make sure that all the necessary heirs disclaim.
This article is for general information only and does not replace individual legal advice.
