Waiving an inheritance

The waiver must be declared to the competent probate court. The declaration must be made either for the record of the probate court or in publicly notarized form. An informal letter to the probate court is not sufficient.

Please contact the probate court or a notary.

The probate court responsible for the deceased's (testator's) place of residence has local jurisdiction. The declaration of waiver can also be declared to the local court in whose district the waiver applicant himself has his domicile or habitual residence.

Court or notary fees are incurred in accordance with the statutory provisions.

The notice period is generally six weeks. It begins when you become aware of the claim and the reason for your appointment as heir.

• §§ 1942 ff. German Civil Code (BGB)
• § Section 34 of the German Court and Notary Costs Act (GNotKG)
• §§ 103 ff. Court and Notary Costs Act (GNotKG)

Answers to many important questions can also be found in the brochure "Erben und Vererben" (Inheritance and Bequest) published by the Federal Ministry of Justice and Consumer Protection . This can be downloaded from the Ministry's homepage.

• Brochure "Inheritance and bequests" from the Federal Ministry of Justice and Consumer Protection

09.12.2019