Legal succession: This is how you inherit according to the law

Legal succession regulates both the order of heirs and the individual amounts that are inherited. First the closest relatives, such as children and grandchildren, inherit and then the more distant relatives, such as nephews and nieces. Closer relatives generally exclude the more distant relatives from inheritance. The proportion to which the individual heirs inherit is documented in the certificate of inheritance.

The legal succession is based on the Parantel – or order system. It divides the relatives into different orders. Accordingly, children and grandchildren of the deceased belong to the first order. Parents, siblings, nieces and nephews of the testator are assigned to the second order. The third order includes grandparents, uncles and aunts as well as cousins of the deceased. Spouses and registered partners are not considered relatives, but have the right of inheritance as spouses. This gives them a special status and limits the right of relatives to inherit. Relatives of the preceding order always exclude relatives of a subsequent order from the succession.

Read more on the subject of partition auctions in communities of heirs!

Separate community of heirs: settle debts, distribute inheritance

Ideally, the heirs of a community of heirs would pay any debts swiftly from the estate and then dissolve the community of heirs by distributing the surplus according to shares. However, this is often not the reality. Disputes within the community of heirs often ensure that they remain unresolved for years after the inheritance. Each member of such a community of heirs has the right to demand dissolution at any time, even without good cause.

Step by step: Dissolving a community of heirs

In order for a community of heirs to be dissolved without disputes, it is advisable to follow certain steps. From the correct valuation of the estate to inheritance taxes, there are important fromalien to consider.

Determine estate

Until the estate has been determined, a community of heirs cannot be divided. The heirs receive most of the information from the bank where the deceased had the accounts or deposits. In order to gain access to these, a certificate of inheritance or a will with a court-ordered opening protocol is required. However, debts are also part of the estate. In order to determine the estate completely, the debts and the assets should be compared and reconciled.

Pay off an estate debt

The debts of the estate can be paid by the heirs of the community of heirs from the estate. It is not uncommon for items belonging to the estate to have to be sold for this purpose, such as real estate or land.

Take into account gifts and donations

If an heir has received gifts or donations from the deceased during his or her lifetime, these may be subject to equalisation. The gifts that are subject to equalisation increase the estate arithmetically and are deducted from the inheritance quota of the donee. Each heir can request information from the others about such gifts so that they are correctly taken into account.

Sell indivisible items

If a true division is not possible for certain items, such as a property in the community of heirs, the heirs may have to sell this item or have it foreclosed. In order to do this, a realistic sales price must first be determined. If no agreement can be reached here, a partition auction can be initiated by one of the heirs.

Distribute divisible objects

The inheritance is to be divided in the first place in nature by the heirs. Each heir can therefore take items for himself from the estate in agreement with the other heirs. Money and securities can be divided by the community of heirs according to their respective shares.

Consider care services

If a child has cared for the deceased parent without consideration during his or her lifetime, compensation may be claimed for this. This must be appropriate to the duration, scope and value of the estate.

Notary helps

If an agreement cannot be reached, a notary can be called in by the community of heirs. This mediates between the heirs in order to reach an agreement as quickly as possible. However, it should be borne in mind that such assistance is associated with some costs.

Take account of the tax office

Inheritance tax is always payable on an inheritance. However, some things from the estate can be deducted from the tax, such as the costs of the funeral or fees for the opening of the will.

Learn more about communities of heirs!

Errors in community of heirs – Video

Questions on the topic: Deal with inheritance

If the deceased did not leave a will, there are usually many open questions regarding the distribution of the inheritance. The legal succession is supposed to regulate this case, however, it often comes to disputes between the heirs. So that no questions remain unanswered for you and you know all the facts on the subject of inheritance, the experts of Lukinski now answer the most important questions.

How can I dissolve a community of heirs?

A community of heirs can only be dissolved if the inheritance can be distributed with the unanimous consent of all heirs. Depending on the case, partial auctions or notaries may be necessary to help with this.

Can you transfer an inheritance?

Upon the occurrence of the succession, each heir may freely dispose of his or her share. A transfer of the inheritance to a third person is therefore quite possible.

Can you also sell your share in a community of heirs?

Your share of real estate or land in an estate cannot be sold until either you are the sole owner of that property by a unanimous vote of the community of heirs, or the community of heirs has been dissolved and the shares have been paid out.

What do I need to apply for a certificate of inheritance?

To apply for a certificate of inheritance, you need an identity card or passport, a death certificate from the deceased, a family register, the names and adresses of the co-heirs and other relatives, if applicable the will or the contract of inheritance or information about their custodians.

What is an inheritance settlement agreement?

An inheritance settlement agreement regulates the division of the estate according to shares within a community of heirs.

What happens in a partition auction?

In a partition auction, an item belonging to the estate, such as real estate or land, is auctioned off and the proceeds are divided among the heirs according to shares.

When should the inheritance be disclaimed?

The inheritance should be disclaimed if it is over-indebted and the assets cannot cover the debts of the estate, or if dilapidated real estate is part of the estate, the renovation of which would be too expensive.

From wild animals to tame pets – what animals can be kept with people?

Pets are man’s best friend, however not every animal is suitable for keeping with humans. Many animals are wild and as cute as they may be, they simply do not belong in an enclosure, but in the wild. Find out now which animal is suitable as a pet and which animals are better left in the wild.

Dogs as pets – man’s best friend

A dog can enrich your life as a family member and companion. In the summer with a dog on the road at the lake or in the park makes directly good mood. However, not every dog is suitable for everyone. Often there are allergies to dogs or certain requirements for the character, size or breed. Depending on individual circumstances, some dog breeds are better suited than others. Learn more about dogs as pets and the different dog breeds!

Editor’s Rating:

• Family friendly 4.5 / 5.0
• Single and couple friendly 4.5 / 5.0

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Cats as pets – companions for life

Cats are very elegant, beautiful but also stubborn animals. They are more independent than dogs, but still integrate into the family. Cuddling or playing the cats love and are therefore perfect as a pet. Who wants to have a cat as a pet, which should first be well informed, because cat is not equal cat. With the four-legged friends there are many differences both from nature and from the appearance between the different breeds. Learn more about the cat as a pet!

Editor’s Rating:

• Family friendly 4.5 / 5.0
• Single and couple friendly 4.5 / 5.0

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Rats as pets – Tame and easy to care for

Rats are crepuscular small animals that belong to the rodent genus. There are a few things to keep in mind when keeping these small animals. They should never be kept alone and need a lot of space. At least one playmate, the rat should have. The socialization with other rodents, we mice is not species-appropriate here, however. The enclosure of the rats should be large enough. They need a lot of free space and room to move around. The rats also love a regular run in the apartment. But always keep an eye on them, otherwise they like to gnaw on furniture. Rats are very tame and intelligent animals and are happy to spend time with their owner. Rats as pets are especially suitable for professionals or children over twelve years.

Editor’s Rating:

• Family friendly 3.0 / 5.0
• Single and couple friendly 4.5 / 5.0

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Owl as a pet – the wild animal belongs in nature

Even if owls look very cuddly and at the latest after the Harry Potter film series appear as good pets, they are on the contrary wild animals and can even be dangerous with their sharp claws and their pointed beak. The animals make very high demands on their habitat, which is why keeping them in a species-appropriate manner is very difficult. In Germany, the keeping of owls is rarely allowed and is subject to certain conditions. These include not only a large aviary in the garden, but also distinctive expertise in keeping owls. Here again it becomes clear that wild animals should remain in the wild and are not well suited for keeping as pets.

Editor’s Rating:

• Family friendly 0.0 / 5.0
• Single and couple friendly 0.0 / 5.0

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Turtle as a pet – friends for life

Most common are Greek and European tortoises but also water turtles. Since turtles can live up to 100 years, depending on the species, the small reptiles are an acquisition for life. Depending on the species, the turtles require certain conditions. Tortoises run a lot, which is why they need a large outdoor enclosure with plenty of space. Aquatic turtles, on the other hand, can be kept in an 80 to 120 cm terrarium. Both species need a place to swim, to wander and the warmth of the sun, which can be provided by a UV lamp, especially in winter months. The animals are very happy about plants in the enclosure, because these give them security. Turtles are very easy to care for animals and true companions for life.

Editor’s Rating:

• Family friendly 4.5 / 5.0
• Single and couple friendly 4.5 / 5.0

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Hedgehogs as pets – forbidden in Germany

Hedgehogs are protected in Germany and are therefore not to be kept as pets. In some cases, however, the little animals are dependent on help from people. If an obviously sick or injured hedgehog is found, it should be taken to a vet as soon as possible and cared for. As soon as it has recovered, however, it should be released again.

An exception is the African white-bellied hedgehog. This may be kept in Germany as a pet, as it is not under nature conservation. However, the animal remains a wild animal and usually does not feel comfortable in the keeping. A hedgehog needs a very large enclosure in the open air, as these animals normally travel several kilometres at night in search of food. It is generally not advisable to keep hedgehogs, however, as the animals rarely feel comfortable despite being kept in a species-appropriate manner and belong in the wild.

Editor’s Rating:

• Family friendly 0.0 / 5.0
• Single and couple friendly 0.0 / 5.0

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Mice as pets – the small rodents are very flexible

Mice are very good as pets, but only with at least one conspecific. There are different types of mice, such as the color mouse, the gerbil or the spiny mouse, which show different character traits and behaviors. It is also recommended to keep only mice of one sex together, so that there are no unwanted offspring. The enclosure of the mice is very flexible. It can consist of a cage as well as a terrarium or aquarium. Important for the mice is a lot of activity. Different levels, pipes and sticks for climbing but also a sleeping house for the resting phases should not be missing in any enclosure. The mice like hay or paper handkerchiefs particularly well, because they can build small nests with it. The small rodents are very good as pets and are very easy to care for.

Editor’s Rating:

• Family friendly 4.0 / 5.0
• Single and couple friendly 4.5 / 5.0

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Monkey as a pet – not recommended for private individuals

Even if film and TV teach us otherwise, monkeys are not suitable as pets. Especially private persons underestimate the costs, the work and the space monkeys need. Calculate easily: online calculator. Since monkeys should not be kept alone, the purchase of at least two or more monkeys is necessary. These need a large enclosure, so that they can also go out of the way and disputes between the monkeys are avoided. If the monkeys are kept in the apartment, they damage furniture, leave their business everywhere and sometimes bite. Monkeys will never be house-trained! Even if the animals are still very small, loving and needy as babies, their nature changes at the latest in puberty and they can become aggressive and wild. So it becomes clear that monkeys should not be kept by private persons, because the demands of the animals are so high that they can hardly be met. Monkeys are and remain wild animals and belong in the wild.

Editor’s Rating:

• Family friendly 0.0 / 5.0
• Single and couple friendly 0.0 / 5.0

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Ferret as a pet – playful and trusting

The small animals from the marten family are very trusting and playful. They should not be kept alone, because the animals need a lot of distraction and employment. The enclosure of the animals should be sufficiently large and individually designed. For two animals an enclosure of at least six square meters is needed. If the space allows it, the animals are also happy about their own room, where they have a lot to discover. Important for martens are different floors, so that the animals can live out their climbing instinct. Sticks, tubes, toys and hammocks should not be missing in any enclosure. In addition, ferrets need blankets, a toilet and a hiding place to retreat and sleep. Ferrets also love to bathe in shallow bowls of water. Outside of their enclosure, the animals need at least four hours of free access in the apartment every day.

Editor’s Rating:

• Family friendly 3.5 / 5.0
• Single and couple friendly 4.5 / 5.0

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Fox as a pet – wild animals do not belong on a leash

Foxes are wild animals and are not suitable for keeping as pets. There are strict regulations for keeping wild animals in Germany. One of the most important is that an outdoor enclosure of 30-40 m² (depending on the species) must be available so that the fox can pursue its innate urges, such as digging a burrow. It is strongly discouraged to buy foxes from breedings, as for example from Russia, because the animal husbandry here is not species-appropriate and the trade is unscrupulous. If you find an animal in need of help, you should immediately take it to a veterinarian or contact the nature conservation association or rescue organizations for wild animals. If the fox cannot be reintroduced to the wild after it has been rehabilitated, you can continue to care for it if you meet certain requirements.

Editor’s Rating:

• Family friendly 0.0 / 5.0
• Single and couple friendly 0.0 / 5.0

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A cat as a pet – these breed differences exist

Who would like to have a cat as a pet, which should first be well informed, because not all cats are the same. With the four-legged friends there are many differences both from nature and from the appearance between the different breeds. Which breed suits you best, you will now learn!

Bengal – playful and very affectionate

The Bengal cat, which from the outside very much resembles the leopard, is medium to large for a cat, with a shoulder height of up to 40 cm and a weight between 4 and 8 kg. It is very slender, muscular and athletic, which is also reflected in its nature. A Bengal cat is not suitable for a pure apartment keeping. She needs enough exercise and occupation from her owner in the sense of small games and skill exercises. Besides its active lifestyle, the Bengal cat is very attached to its master and loves long cuddles and lots of body contact. If she is to be left alone for long periods of time, a playmate is a great option. The Bengal is perfect for families with children but also for singles or couples who live in a house with a garden.

Editor’s Rating:

• Family friendly 4.5 / 5.0
• Single and couple friendly 3.0 / 5.0

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Siamese cat – very sensitive and affectionate

The elegant animals belong to the medium-sized cat breeds and weigh on average 3-5 kg. Their appearance gives them a very special charm. The nature of the animals is generally very playful, but they are also very affectionate, sensitive and seek much physical contact. If they do not like something, they make this clear and also assert themselves in their opinion. Because of their close relationship to humans, the Siamese cat can also be used as a therapy animal for handicapped children. Due to their thin fur they are very intolerant to cold and do not like humid weather. The animals must be kept busy both indoors and outdoors and must be kept sufficiently occupied to act out their hunting instinct. Scratching trees, games and climbing possibilities are therefore very important for them. The cats are well suited for family life, as they are very people-oriented, but this breed is also a good option for singles and couples.

Editor’s Rating:

• Family friendly 4.5 / 5.0
• Single and couple friendly 4.5 / 5.0

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Carthusian cat – the perfect family member

The Carthusian cats belong to the medium-sized cats and have an average weight of 4-7 kg. They are known for their calm nature and are therefore a popular family cat. They get along great with children, are very affectionate and cuddly. They also have no problem staying alone for a few hours a day. As kittens they are playful and like for example small balls as occupation. A scratching post should be present in every home of a Carthusian cat, because they love the overview they have from a high sitting position. What should also not be missing are several quiet places where the cat can retreat to. The Carthusian cat can easily be kept in an apartment, but in a house also likes to mark the garden as its territory. The breed is perfect for families with children but also good for singles or couples who would like to have a quieter pet.

Editor’s Rating:

• Family friendly 5.0 / 5.0
• Single and couple friendly 4.5 / 5.0

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Holy Birman cat – very calm and little stubbornness

The sacred Birman cat is a very special breed. They are medium-sized and weigh on average 3-6 kg. Their nature is very different from their peers. Unlike other cats, the Birman cats have little stubbornness and rather want to please their master. They are very trusting and in need of cuddling, but also enjoy playing with moving objects. They are very easy to train and very well behaved. They get along well with children and also with other animals, like dogs they have no problem. The breed is perfect for apartment keeping, however, she does not like to stay alone and is therefore happy to have a conspecific. As an outdoor cat, the Holy Birman is rather not suitable, because her trustfulness towards strangers can become dangerous for her. As a family cat the Holy Birman is perfectly suitable, but also for singles and couples who do not want to have a stubborn cat, this breed is perfect.

Editor’s Rating:

• Family friendly 4.5 / 5.0
• Single and couple friendly 5.0 / 5.0

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Sphynx cat – perfect for allergy sufferers

The Sphynx cat is probably one of the most affectionate cat breeds. They are very affectionate and like to find a person to fixate on. They do not like to be alone, as the cat is very sensitive. Sphynx cats are very intelligent and enjoy challenging toys. Due to the lack of fur, the cats are very sensitive to cold. Also draughts and air-conditioned rooms can quickly become dangerous for them. Design ideas: home design. Cats prefer the sun and warmth, which is why they should always have access to heated rooms. In the winter, a heat lamp helps the breed maintain body temperature. Since they do not have fur, they are perfect for allergy sufferers. As a family cat, the Sphynx is perfect but it is also a great option for singles or couples and especially for those with allergies.

Editor’s Rating:

• Family friendly 4.5 / 5.0
• Single and couple friendly 4.5 / 5.0

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Maine Coon cat – lots of outdoor space and great play opportunities

Maine Coon cats are relatively large, with a length (nose to tail) of about 1m and a weight of up to 9 kg. She is by nature very people-oriented, friendly and sociable. She is good with children and dogs and likes to play with them. In addition, she is a very good hunter and is still called “working cat” in the USA, i.e. mice and rat catcher. The breed is considered very lively and therefore needs a lot of space to live out the hunting instinct. The best place is a garden or a big flat, where there are enough climbing possibilities and diversions. A stable scratching post and a large litter box are absolutely necessary. Due to its semi-long coat it needs some help and more care, especially when changing its coat. She is well suited for families in a large house with a garden, as she is very playful but also trusting towards children.

Editor’s Rating:

• Family friendly 4.5 / 5.0
• Single and couple friendly 2.5 / 5.0

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Siberian cat – she loves the water

The Siberian cat is a very social animal and is always happy to have company. The attitude with another cat is therefore highly recommended. Also with other animals, the cat gets along very well. To humans it is very friendly and playful, but also cuddling may not be missing in any case. If it is kept as a house cat, it needs mandatory climbing and playing opportunities, such as a scratching post. The special thing about these cats is that they love water and like to play in a still wet shower, at a dripping tap or even with the water bowl. The Siberian cat is perfect for families as well as for singles or couples as an indoor or outdoor cat.

Editor’s Rating:

• Family friendly 4.5 / 5.0
• Single and couple friendly 4.5 / 5.0

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Savannah cat – more wild animal than domestic cat

The Savannah cat is larger than an ordinary domestic cat and reaches a shoulder height of up to 45 cm. This is derived from the relatively fresh breeding of this breed. The breeders aim at a small version of the serval, a predatory cat, whereby the proportion of wild blood in the breedings is still very high. Because of this new breeding the temperament is very different, depending on the generation. Some already show strong domestic cat behaviour, are cuddly and affectionate while others are more like wild animals. This manifests itself especially in shy behavior, occasional aggressiveness and constant stress. Keeping these cats is only an option for experienced owners. The cats also need a certain standard for their home, such as plenty of free-range space and little confined space of a house or apartment. Those who do not meet these requirements should refrain from keeping a Savannah cat. For families and beginners in keeping this breed is not a good option. The cats are still too unpredictable and wild to be kept as a normal house cat.

Editor’s Rating:

• Family friendly 0.5 / 5.0
• Single and couple friendly 1.0 / 5.0

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Reject inheritance – makes sense depending on the situation

The inheritance does not always hold only good things in store for the descendants. Even if many dream of riches and expensive jewellery, debts or dilapidated real estate can also be part of the estate. In such cases, it is possible to disclaim the inheritance within a certain period of time and in accordance with certain criteria. What happens to the inheritance afterwards and how you can best proceed in such a case is now explained by the experts at Lukinski.

The form and deadline – you must pay attention to this

To disclaim the inheritance requires some rules. Simply notifying the family or simply having no reaction to the inheritance is not enough. The form is very crucial. The heir must make a disclaimer to the probate court either in the form of a transcript or in a publicly notarized form. However, a simple letter is not sufficient. A personal appearance before the probate court is also possible. There, the heir explains his or her request and a judicial officer records it in writing. The local court in whose district the deceased had his or her last residence is responsible. If the deceased is German, but had his residence abroad, the Berlin-Schöneberg Local Court is responsible. In Baden-Württemberg there is a special regulation. In this federal state, the state notary’s office is your contact.

However, not only the form is very decisive for the success of the disclaimer, but also the content and the deadline of the declaration. This must have clearly listed why the inheritance does not want to be accepted. The reasons should be clearly listed. These may include, for example, that the estate consists mainly of debts. The declaration is subject to a so-called six-week period. If the heir does not wish to accept the inheritance, the relevant declaration must be submitted to the competent probate court within six weeks, otherwise the inheritance is deemed to have been accepted. The cut-off date is assumed to be the day on which you learned of the inheritance, which usually coincides with the day of death. The deadline is only extended in certain exceptional cases. For example, if the deceased or the heir himself is abroad at the time of death, the six-week deadline can be postponed.

Generally speaking, the probate court does not have a duty to bring. The heirs are only notified of the inheritance if there is a will or if they succeed to the inheritance because, for example, someone else has already disclaimed the inheritance. In all other cases, the heirs are assumed to know whether or not they inherit anything from a deceased family member.

• The correct form is decisive in order to make the disclaimer of the inheritance legally effective.
• The content of the declaration must contain precise reasons for the renunciation of the inheritance
• Heirs are not informed of their role as heirs by the probate court unless there is an estate, or they succeed to the estate as heirs

Inheritance: Accept or reject? – Tips from a lawyer

Rejecting an inheritance – When does it make sense?

No heir is obliged to accept the inheritance. This is mainly for the protection of the heir, because he or she receives not only the assets but also the debts of the deceased, for which he or she is liable with his or her own private assets. Before an inheritance is therefore started or struck, each heir should first of all get a precise overview of the assets and debts of the deceased. These include bank balances, securities, valuables, land and real estate, but also funeral costs, loans, maintenance arrears or compulsory portion claims. The costs of an estate administration or a will opening can likewise be added. If this examination shows that there is more debit than credit, it makes sense to disclaim the inheritance. If real estate in need of renovation is part of the estate, a detailed examination is also necessary. If the inheritance is accepted, a lot of money must be invested in the renovation work, which can be very expensive depending on the case. Therefore, you should carefully consider whether you want to accept the inheritance in such a case or not.

• An over-indebted inheritance can lead to the financial ruin of the heir
• Renovable real estate can be part of the inheritance and lower the value of it

The costs – disclaiming inheritance in the event of overindebtedness

If the inheritance is overindebted, the costs are very low. The fees for disclaiming the inheritance are a flat rate of 30 euros at the probate court. If an inheritance that is not overindebted is rejected, the costs are incurred in accordance with the Court and Notary Costs Act. The higher the value of the estate, the more expensive the proceedings will be.

An inheritance can only ever be disclaimed in full. Accepting the assets and disclaiming the debts is therefore not possible. If an inheritance is disclaimed, the heir is no longer entitled to the compulsory portion, which is normally due to each heir according to the law. If the estate is disclaimed by all possible heirs, it becomes the property of the state. The latter uses the assets (if any) to pay off part of the debts. The creditors of the remaining debts are left empty-handed in such a case.

• The cost of eliminating an inheritance in the event of overindebtedness is very low
• An inheritance can only ever be accepted or disclaimed in full.

Udecide in retrospect – is this possible?

Once an inheritance has been accepted or the deadline has passed, there is usually no turning back. However, once again exceptions confirm the rule. In certain cases, it is possible to withdraw from the inheritance after the fact. If, for example, it comes to light after the acceptance of the inheritance that the estate contains a large loan from the deceased, of which you were unaware until then, the acceptance of the inheritance can be contested. However, as a prerequisite, you must have had full knowledge of the assets and debts of the estate. However, if the heir wants to contest the acceptances because the six-week period was not known or it was not clear when it starts, this is also possible with a good lawyer.

In the opposite case, there are also some possibilities. If the inheritance was disclaimed due to over-indebtedness and it subsequently transpires that the estate does not contain as many debts as was assumed at the outset, the disclaimer cannot be contested. If, however, it subsequently transpires that securities or real estate are part of the estate of which you had no knowledge at the time of the disclaimer, a challenge is very much possible. The contestation must be declared in writing to the probate court within six weeks after the error has been recognised and must state the reasons for the contestation.

• Depending on the case, a subsequent disclaimer of the inheritance is possible
• However, the disclaimer of the inheritance can also be challenged retrospectively.

Read more about inheriting without a will!

The most important questions on the subject of disclaiming an inheritance

Many regulations, deadlines and declarations make the disclaimer of an inheritance complicated. So that no questions remain unanswered for you, our experts at Lukinski answer the most important questions on the subject of disclaiming an inheritance.

What does it cost to disclaim an inheritance?

The cost of disclaiming an inheritance in the event of over-indebtedness is a flat rate of 30 euros. If an estate that is not overindebted is disclaimed, the costs are calculated according to the amount of the estate.

What if you disclaim an inheritance?

If an heir disclaims the estate, he or she is no longer entitled to take over the assets and debts of the deceased and is not liable for them with his or her private assets. With a disclaimer, the heir loses all rights and claims he or she has to the estate. This also includes the compulsory portion.

When does the deadline begin to disclaim inheritance?

The six-week period to disclaim the inheritance begins when the heir becomes aware of his or her status as one. In most cases, the period begins with the knowledge of the death of the testator, that is, the date of his death.

What is the intestate succession?

If no will has been left or if it has been found to be invalid, the legal succession applies. This is based on the degree of kinship and the marital property status of the testator. The relatives are divided into three orders for this purpose.

What do I have to do to disclaim an inheritance?

The heir must present himself in person at the probate court of his own residence or the last residence of the deceased, identify himself and disclaim the inheritance. On the spot, the rejection is put on record.

What happens to the debt after death?

In principle, after death, both the assets and the debts pass to the heirs as long as they do not disclaim the inheritance.

Rejecting the inheritance – when debts are part of the estate

The inheritance can be disclaimed by any heir. This is particularly useful if debts or real estate in need of renovation are part of the estate. You can find out here which obligations must be complied with, how much it costs to disclaim an inheritance and how the liability of heirs can be limited.

The most important facts at a glance:

• The correct form is decisive in order to make the disclaimer of the inheritance legally effective.
• The content of the declaration must contain precise reasons for the renunciation of the inheritance
• Heirs are not informed of their role as heirs by the probate court unless there is an estate, or they succeed to the estate as heirs
• An over-indebted inheritance can lead to the financial ruin of the heir
• Renovable real estate can be part of the inheritance and lower the value of it
• The cost of eliminating an inheritance in the event of overindebtedness is very low
• An inheritance can only ever be accepted or disclaimed in full.
• Depending on the case, a subsequent disclaimer of the inheritance is possible
• However, the disclaimer of the inheritance can also be challenged retrospectively.

The shape – this is what you need to pay attention to

To disclaim the inheritance requires some rules. Simply notifying the family or simply having no reaction to the inheritance is not enough. The form is very crucial. The heir must make a disclaimer to the probate court either in the form of a transcript or in a publicly notarized form. However, a simple letter is not sufficient. A personal appearance before the probate court is also possible. There, the heir explains his or her request and a judicial officer records it in writing. The local court in whose district the deceased had his or her last residence is responsible.

However, not only the form is very decisive for the success of the disclaimer, but also the content and the deadline of the declaration. This must have clearly listed why the inheritance does not want to be accepted. The reasons should be clearly listed. These may include, for example, that the estate consists mainly of debts.

Inheritance: Accept or reject? – Tips from a lawyer

The six-week deadline – do not lose track of time

The declaration is subject to a so-called six-week period. If the inheritance does not wish to be accepted, the relevant declaration must be submitted to the competent probate court within six weeks, otherwise the inheritance is deemed to have been accepted.

Generally speaking, the probate court does not have a duty to bring. The heirs are only notified of the inheritance if there is a will or if they succeed to the inheritance because, for example, someone else has already disclaimed the inheritance. In all other cases, the heirs are assumed to know whether or not they inherit anything from a deceased family member.

Limit liability of heirs – protect private assets

In addition to the waiver of inheritance, it is also possible to limit the liability of heirs and thus protect private assets from being swallowed up by the debts of the estate. This can be enforced by limiting the liability of the heirs in the context of an insolvency of the estate. The heirs are then only liable for the debts of the deceased with the inherited assets. The private assets thus remain untouched if the estate is not sufficient to repay the debts.

The costs – disclaiming inheritance in the event of overindebtedness

If the inheritance is overindebted, the costs are very low. The fees for disclaiming the inheritance are a flat rate of 30 euros at the probate court. If an inheritance that is not overindebted is rejected, the costs are incurred in accordance with the Court and Notary Costs Act. The higher the value of the estate, the more expensive the proceedings will be.

An inheritance can only ever be disclaimed in full. Accepting the assets and disclaiming the debts is therefore not possible. If an inheritance is disclaimed, the compulsory portion to which each heir is normally entitled by law is no longer due to that heir. If the estate is disclaimed by all possible heirs, it becomes the property of the state. The latter uses the assets (if any) to pay off part of the debts. The creditors of the remaining debts are left empty-handed in such a case.

Contestation of the disclaimer – only possible in certain cases

If it subsequently transpires that securities or real estate belong to the estate of which you had no knowledge at the time of the disclaimer, a challenge is very much possible. The contestation must be declared in writing to the probate court within six weeks after the error has been recognised and must state the reasons for the contestation. However, if the inheritance was disclaimed due to over-indebtedness and it subsequently transpires that the estate does not contain as many debts as was assumed at the outset, the disclaimer cannot be contested.

Rejecting the inheritance after the event – contesting the acceptance of the inheritance

Once an inheritance has been accepted or the deadline has passed, there is usually no turning back. However, once again exceptions confirm the rule. In certain cases, it is possible to withdraw from the inheritance after the fact. If, for example, it comes to light after the acceptance of the inheritance that the estate contains a large loan from the deceased, of which you were unaware until then, the acceptance of the inheritance can be contested. However, as a prerequisite, you must have had full knowledge of the assets and debts of the estate. However, if the heir wants to contest the acceptances because the six-week period was not known or it was not clear when it starts, this is also possible with a good lawyer.

Read more about disclaiming an inheritance!

The most important questions about inheriting debts

Debts in the estate are often a shock and a new situation for the heirs. Many questions arise and remain unanswered. The experts at Lukinski therefore answer all questions on the subject of inheriting debts and disclaiming the inheritance so that you are accurately informed.

What happens to debts after death?

Upon the death of the testator, all property passes to the heirs. This includes assets as well as debts. The debts are therefore part of the inheritance.

Can you disclaim an inheritance if you have debts?

If debts are part of the estate, the heir must also be liable for them with his private assets. If the heir is himself indebted, he can disclaim the indebted inheritance within six weeks and thus does not have to be liable for the estate.

How long does it take to disclaim an inheritance?

The deadline for disclaiming the inheritance is six weeks after the heir has become aware of the inheritance. The processing of the disclaimer does not take long at the court.

What does it cost to disclaim an inheritance?

If an inheritance is overindebted, the inheritance disclaimer costs a flat rate of 30 euros. If the inheritance is disclaimed even though no debts are part of the inheritance, the amount varies depending on the amount of the estate.

Will I be notified when I inherit?

If no will has been drawn up and you inherit according to intestate succession, you will only be notified if you succeed to the inheritance. However, if you are the first-order heir, i.e. the child or spouse of the deceased, you will not be notified of the inheritance.