Reject or accept inheritance? In the case of high debts and dilapidated real estate of the testator, a rejection often makes more sense. What are the deadlines?
Hamburg – When a person dies, either the will or the law decides who gets what. If the deceased person leaves an indebted inheritance, heirs may have to pay for it with their private assets. That's why many decide to reject the inheritance – but there is not much time left for it. It is important to meet the deadlines. An acceptance or rejection of the inheritance can be reversed if necessary, informs the portal erbrechtsinfo.de.
Inheritance: When does an inheritance rejection make sense?
The inheritance is decided by the legal order of inheritance or the last will and testament of the testator. After knowing the inheritance, it should be checked at the beginning whether it is worthwhile. A waiver of inheritance makes sense if the testator has many loans, outstanding receivables, tax debts or mortgages. In these cases, heirs may have to pay off the debt with their private assets.
In the case of debts of the testator, it makes sense to lean on the inheritance. © Sascha Steinach/imago/Symbolbild
At first glance, this is not always apparent. If you have any questions, lawyers for inheritance rights are a good place to go. In addition to indebted heirs, it is often advisable to reject dilapidated real estate. Appraisers can help assess whether maintenance or renovation is financially worthwhile.
Acceptance and rejection of inheritance: What are the deadlines?
There is a six-week deadline for rejecting the inheritance – which must be adhered to. In the case of both acceptance and rejection, the period from knowledge of the inheritance applies. In most cases, this is the date of death of the testator. If the heir has not been informed of the death of the deceased, the six-week period will apply later – but this must be proven at the notary. This also counts if the heir cannot be found or has moved away unknown.
If the testator or heir is registered abroad, a period of six months applies. However, the district court only writes to the heir if there is a will of the testator.
The deadline for renouncing the inheritance must be met: in the event of non-compliance, the inheritance is automatically deemed to have been accepted. This can have expensive consequences. If a certificate of inheritance is applied for, this is also considered acceptance.
| Deadline for acceptance of inheritance and acceptance with residence in Germany | six weeks from knowledge of the succession |
| Deadline for acceptance of inheritance and acceptance with residence abroad | six months from the date of knowledge of the succession |
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Probate court: This is how easy it is to reject an inheritance
The acceptance of the inheritance is quite simple: the heir can simply let the deadline expire. But the rejection is also quickly settled. In order to reject an inheritance, the heir must apply to the probate court of the competent district court of the testator's place of residence. An oral explanation is sufficient. Another option is a notarial declaration, which must be submitted to the probate court by the deadline. In case of indebted inheritance, a fee of 30 euros will be charged. Only the whole inheritance can be accepted or leaned on.
In the event of an erroneous acceptance or rejection of the inheritance, it is possible to appeal the decision. Possible reasons: unknown assets, missing details about inheritance and debts – or even decisions made by deception and threats from third parties. Again, a period of six weeks applies. (hk)