Notarize the waiver of inheritance

You go to a notary for a public notarization of your declaration.

The local probate court responsible for accepting the waiver. This is either the local court in whose district the deceased had his or her last habitual residence or the local court in whose district the person making the waiver has his or her habitual residence.

The notary shall forward the notarized declaration of waiver to the latter. The notary can be chosen freely. You can find the competent court on the federal and state justice portal.

• Justice portal of the federal and state governments

You are an heir and would like to waive an inheritance.

• Identity card or passport with registration certificate
• It is not mandatory to submit the death certificate. If no death certificate is available, you must state the full name (with maiden name), the date of death and the last habitual residence of the deceased person.
• Indicate minor children as co-heirs. The approval of the family court may be required (information on this can be obtained from the probate court). You must submit the application to the family court responsible for the child's habitual residence. Proof of approval must be submitted to the probate court within the deadline.
• If a guardian declares the waiver, the approval of the guardianship court is required. Proof of approval must be provided within the deadline for waiver.

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

• The fees for a probate are based on the value of the inheritance
• The notary will charge additional costs (VAT and expenses).

• Court and Notary Costs Act
• Table of fees for courts and notaries

• Six weeks from the moment you learn of the inheritance
• If you have been appointed as an heir by a will or contract of inheritance, the period only begins when the probate court has announced the disposition of property upon death.
• Six months if the deceased's last place of residence was only abroad

or

• you as heir or heiress were abroad when the period began.

The waiver of an inheritance is accepted immediately. It is advisable to make an appointment by telephone with the notary of your choice.

• §§ 1942 ff. German Civil Code (BGB)

• Forms are not required.
• An online procedure is not possible, as the person making the waiver must appear in person.
• The waiver is made by declaration to the probate court. The declaration must be submitted to the notary for recording by the probate court or in publicly notarized form.
• Personal appearance is required for this.

Minors

For underage children, only the legal representative can waive the inheritance. The legal representative is the person who has custody of the child. If both parents have custody of the child, they can only waive the inheritance for their child jointly.

Waiver inadmissible after acceptance of the inheritance

In principle, the inheritance can no longer be waived once the heir has accepted the inheritance. In other words, he/she has shown by his/her conduct that he/she accepts his/her position as successor to the deceased. If the heir did not know that the estate was overindebted, he/she may be able to contest the acceptance of the inheritance. The contestation is subject to a time and form limit (6 weeks, declaration to the probate court or the notary). The effective contestation removes the legal consequences of the previous waiver or acceptance. Due to the complicated legal issues involved, it is often advisable to seek legal advice in good time.

17.11.2020