In Germany, heirs inherit automatically, including the deceased's debts. If the debts exceed the assets, or if you simply do not want the inheritance, you can disclaim it (Erbe ausschlagen). After the deadline, you are treated as having accepted it.
For expats, the six-month deadline and the procedure from abroad are particularly important.
Deadlines
The period starts when you know that you are an heir and why, for example by law or under a will. If there is a will, the period starts at the earliest when the court has informed you of it.
| Situation | Deadline |
|---|---|
| Standard | 6 weeks |
| Deceased's last residence abroad, or heir abroad at the start of the period | 6 months |
If you do anything that shows you accept the inheritance, such as selling assets of the estate, you lose the right to disclaim.
How to Disclaim
You can declare the disclaimer:
- in person at the probate court responsible for the estate, or at the local court where you live,
- in writing with a notarially certified signature, sent to the probate court.
The declaration must reach the court within the deadline. A simple letter or email is not enough.
Disclaiming From Abroad
If you live abroad, you can:
- have your signature certified by a local notary, usually with an apostille or legalisation, and send the declaration to the German probate court,
- have your signature certified at a German embassy or consulate.
Allow enough time for the certification and the postal route. The declaration must arrive at the court before the deadline ends.
Consequences for Your Family
If you disclaim, you are treated as if you had died before the deceased. The inheritance passes to the next heirs, often your own children. If they are minors, the parents must disclaim on their behalf. In some cases, this requires the approval of the family court.
To protect the whole family from debts, every person in the chain usually has to disclaim.
Alternatives to Disclaiming
- Limiting liability. If you are unsure whether the estate is over-indebted, you can accept the inheritance and limit your liability to the estate through estate administration or estate insolvency proceedings.
- Challenging an acceptance. If you missed the deadline because you did not know about debts, you may be able to challenge the acceptance in some cases.
The Compulsory Portion
Disclaiming usually also ends your compulsory portion claim. In certain cases, for example for a spouse or if the inheritance is restricted, disclaiming can still leave you the compulsory portion. Get advice before disclaiming if you are a spouse or close relative. See the compulsory portion.
Frequently Asked Questions
Can I disclaim only the debts?
No. You can only disclaim the entire inheritance.
Can I withdraw a disclaimer?
Generally not. A disclaimer is final, unless it was based on a relevant mistake.
Does disclaiming cost anything?
There is a small court or notary fee based on the value of the estate. For over-indebted estates, it is usually low.
