As of: January 30, 2024, 4:00 p.m
By: Marco Blanco Ucles
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An inheritance does not always have positive consequences for those left behind; debts can also be passed on.
In this case you should refuse the inheritance.
If someone very close to you dies, you as a relative often have your hands full with the inheritance in addition to grieving for the loved one.
An inheritance does not always mean financial gain for you.
Because the debts also pass seamlessly to you as an inheritance - if you don't react in time.
Renunciation of inheritance in order to avoid debts
It is therefore extremely important that as an heir, after the death of a close person, you immediately deal with their will - if there is one - or the legal succession, explains the
“Consumer Center”
.
If you are “affected”, you should immediately deal with the deceased’s assets.
Because if the financial disadvantages outweigh the advantages, you should react promptly.
Your option to escape the debts of the deceased is to renounce the inheritance.
The inheritance can be rejected if no benefits can be derived from it.
However, deadlines must be adhered to.
© Herrmann Agency Photography/IMAGO
You have six weeks to decline the inheritance.
When this period begins depends on the circumstances.
If the testator left a will, you will receive a letter from the probate court setting the deadline in motion.
However, if there is no will, the period begins when the testator's death becomes known.
However, you have a full six months if the deceased had their last place of residence abroad or if you, as the heir, were abroad when the period began.
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There are various options available to you to refuse the inheritance.
On the one hand, you can do this at the probate court.
This is the district court in whose district the deceased had his or her last place of residence.
Alternatively, you can also choose the local court in your district of residence.
However, a court fee is due, which is based on the amount of the inheritance.
As
“erbrechtsinfo”
reports, the fee can be quantified quite easily.
Inheritance amount |
fee |
|---|---|
5,000 euros |
30 euro |
10,000 euros |
37.50 euros |
50,000 euros |
82.50 euros |
100,000 euros |
136.50 euros |
500,000 euros |
467.50 euros |
1,000,000 euros |
867.50 euros |
5,000,000 euros |
5,067 euros |
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There is also the option of contacting a notary who will draw up a corresponding declaration.
The resulting estate costs are estimated at around 30 euros.
You must then forward the declaration to the probate court within the deadline.
If you have legally rejected the inheritance, you no longer have any claims to it.
Items that have already been removed from the estate must be returned.
After you, it is the turn of the next heir to the inheritance.
If these are your underage children, you must refuse the inheritance for them.
If all possible heirs reject the estate, the state inherits.
This person is not allowed to refuse the inheritance, but he does not have to pay for possible debts either.
Did you know?
A court has ruled that no income tax is due on the sale of an inherited property.