Waiver of the inheritance

As an heir, you have to decide whether to accept or reject the inheritance. This applies regardless of whether the inheritance has been received by operation of law (under intestate succession) or by will (through a will or inheritance contract).

If the heir wishes to accept the inheritance, he or she does not have to take any further action. The inheritance is then accepted automatically.

However, if the heir wishes to disclaim his inheritance (e.g. because the estate is over-indebted or for personal reasons), he must take action.

The waiver of an inheritance can be made either in the minutes of the probate court (submission of the declaration directly to the probate court) or with the assistance of a notary (publicly notarized form). The inheritance may not be waived in any other way.

The inheritance can only be declared within six weeks of becoming aware of the inheritance and the reason on which the position of heir is based. In the case of intestate succession, the period therefore often begins (at least for close relatives) with the death of the testator. If the status of heir arises from a will or an inheritance contract, the start of the period depends on the notification of the testamentary disposition by the probate court.

Exceptionally, the deadline for waiving an inheritance is six months if the testator's last place of residence was abroad or the heir was abroad at the start of the deadline. However, a day trip abroad is not sufficient for this.

The deadline for notifying an heir cannot be extended. It is therefore essential to ensure that the deadline is met. In particular, if the declaration of renunciation is submitted to a notary, it is essential to ensure that the declaration of renunciation is received by the competent probate court within the deadline.

Once the inheritance has been accepted, it is no longer possible to waive the inheritance (even within the deadline). If there is any doubt as to whether the inheritance should really be accepted, care must be taken to ensure that the inheritance is not accepted. In this context, it is important to note that the acceptance of an inheritance is also possible through conclusive (tacit) conduct. Therefore, if a waiver is considered, no actions may be taken that only an heir can take (e.g. application for correction of the land register, application for a certificate of inheritance, possibly also the sale of estate items).

The above explanation is intended to provide an initial insight into the subject of probate. It is not a substitute for advice in individual cases.

If you have specific questions or would like an assessment of your case, we will be happy to provide you with an initial consultation at any time. The costs of such a consultation amount to a maximum of EUR 190.00 plus VAT. The length of the consultation and the size of your assets are irrelevant.

You can reach us using the contact details opposite.

Status: 23.09.2022