Rejecting inheritance — reasons, deadlines, costs & consequences simply explained

The most important things at a glance

An inheritance waiver means the complete renunciation of the inheritance.
The waiver must be explained within six weeks.
After the deadline, the inheritance is automatically considered accepted.
Overindebted discounts are the most common reason for a waiver.
Heirs can only reject the inheritance in full, not in part.
An inheritance is waived before the probate court or a notary.
Despite the waiver of the inheritance, the legal funeral obligation remains in place.
If completely waived, the inheritance falls to the state.

What does it mean to reject an inheritance?

When a loved one dies, they usually leave behind an estate — consisting of assets but also potential debts. It does not always make sense to accept an inheritance. In such cases, it is possible to refuse the inheritance.

Definition and legal basis

An inheritance waiver means that a person waives their right of inheritance.
The explanation must within six weeks After knowledge of the inheritance, take place before the competent probate court.
After the deadline, the inheritance is automatically considered accepted.

Difference from estate management

hereditary rash: The heir completely withdraws — both from assets and from liabilities.
Estate administration: The inheritance is accepted but protected from debt by a judicial administration.

Effects on succession

The inheritance is transferred to the following beneficiaries.
If all heirs are excluded, the estate falls to the state.

Reasons for denying an inheritance

Not every inheritance is a profit. In some cases, the financial or personal disadvantages prevail, so it may make sense to reject the inheritance. The most common reasons include:

1. The estate is over-indebted

Heirs take on not only assets, but also debts.
If the liabilities exceed the value of the estate, a waiver is often the best solution to avoid financial risks.

2. Compulsory share claims are higher than the inheritance

If the inheritance is lower than the statutory share, it may make financial sense to waive and claim the compulsory share instead.

3. Real estate with high costs

Houses or apartments that are in great need of renovation can become a financial burden.
High inheritance tax can also be a reason to refuse the inheritance.

4. Personal or financial reasons

Own debts or ongoing personal bankruptcy can make an inheritance disadvantageous.
Personal conflicts with the testator or co-heir can also play a role.

Who can turn down an inheritance?

In principle, every heir has the right to refuse an inheritance. This applies regardless of whether inheritance law is based on legal succession or on a will. However, there are special regulations for certain groups of people.

1. Persons entitled to inheritance in accordance with legal succession

The legal succession determines who in fatality automatically becomes heir.
Persons entitled to inheritance (e.g. children, grandchildren, parents, siblings) can refuse the inheritance.
In this case, the next in the line of succession takes the place of the defeated heir.

2. Minor heirs and their legal representatives

Parents or legal guardians must apply for an inheritance waiver on behalf of a minor child.
In certain cases, a Family Court Approval necessary, especially if the child does not suffer any disadvantage as a result of the inheritance.

3. Special features for spouses and registered partners

Spouses and registered partners can also refuse an inheritance.
Depending on the property regime (e.g. community of gains), a waiver may have particular legal consequences.
If the inheritance is rejected, the legal share of the inheritance is transferred to the next beneficiaries of the inheritance.

This is how the inheritance process works — step by step

The denial of an inheritance is a formal process that must take place on time and in accordance with certain regulations. Anyone who does not wish to accept an inheritance should find out the necessary steps early on in order to avoid legal disadvantages.

Where and how must the waiver be explained?

The waiver of the inheritance must be officially declared — simply doing nothing is not enough. The following aspects must be considered:

Necessary documents and formal requirements

The waiver of the inheritance must be submitted in writing or in person to competent probate court be explained.
Important documents:
- ID card or passport
- Testator's death certificate
- Proof of right to inherit (e.g. will or certificate of inheritance, if available)
- If by proxy: power of attorney to waive inheritance
The statement must be clear — conditional or partial refusal is not possible.

Waiver at the probate court or notary

The waiver can be made in person at probate court take place at the last place of residence of the testator.
Alternatively, the explanation can be made by a notary be recorded and forwarded to the court.
Important: A written statement without notarization is not legally effective.

Alternative: Automatically reject inheritance by doing nothing?

After expiry of the legal period (usually six weeks), the inheritance is automatically considered as assumed.
A tacit refusing is only possible if you are not considered as an inheritance at all or if another heir assumes the inheritance in full.

Deadlines for waiving an inheritance — How long do I have?

The decision to reject an inheritance must within a legally defined period get hit.

Six-week deadline: When does it start?

The period begins on the day on which the heir learns of the inheritance.
In the case of wills, the period starts as soon as the will has been opened by the probate court.

Special arrangement for heirs abroad

Heirs who abroad live, have six months It's time to turn down the inheritance.
The place of residence of the heir, not that of the testator, is decisive.

Inheritance already accepted — Can I still turn it down?

In some cases, it is only after the inheritance has been accepted that it is over-indebted or entails other disadvantages. A subsequent waiver is generally not possible — but there are a few exceptions.

Withdrawal from acceptance of inheritance

Who is already the heir actively accepted has (e.g. by selling estate items), can no longer turn it down.
Withdrawal is only possible under certain conditions, such as if new debts become known to the testator.

Challenging inheritance acceptance — When is that possible?

Acceptance or denial of an inheritance may contested Will when they are on a Mistake or Deception rested.
Example: The heir did not know that the estate was heavily indebted.
The challenge must be made within six weeks after the mistake became known take place.

Costs of inheritance waiver — What fees do I have to expect?

The inheritance waiver is not free of charge. There are different costs depending on the process.

Notary and court fees

Inheritance in court: About 30 to 50 euros (depending on the discount value).
Inheritance through a notary: Additionally Notary fees, which are governed by the Court and Notary Fees Act (GnotKG).

Possible legal fees in case of uncertainty

If legal advice is necessary, additional Attorneys' fees accrue.
The costs depend on the lawyer's effort and schedule of fees.

Comparison: Costs of waiver vs. costs of estate administration

An hereditary rash is often cheaper than a Estate administration, which employs an estate administrator.
Anyone who is unsure should Check the testator's debt level, around the The best economic decision to meet.

The waiver of inheritance is a far-reaching decision that should be carefully considered. Those who obtain information early on and meet the deadlines can avoid financial risks and make an informed decision.

Who inherits if I reject the inheritance?

The waiver of inheritance does not mean that the estate disappears — instead, the inheritance law is automatically transferred to the next authorized person. The legal succession regulates exactly who receives the inheritance in this case. But what happens when all heirs renounce?

Statutory succession regulations

If an heir rejects the inheritance, the next one in the legal succession in its place. This succession is in Civil Code (BGB) §§ 1924—1936 clearly regulated:

Children and grandchildren (first-order heirs)
- If available, the testator's direct descendants inherit first.
- If there are several children, the inheritance is divided equally.
- If a child rejects the inheritance, his own children (grandchildren of the testator) take his place.
Parents and siblings (second-order heirs)
- If the testator had no descendants, the parents inherit.
- If the parents are no longer alive, the inheritance goes to the siblings.
grandparents, uncles and aunts (third-order heirs)
- If there are also no siblings or they reject the inheritance, the next level of kinship moves forward.
Spouses or registered partners
- The spouse inherits a share of the estate, depending on the property regime.
- In a Community of gains Is the spouse's share of inheritance at least 50%.

Important: With each inheritance waiver, the next person in the line of succession moves forward until an heir accepts the inheritance.

Can all heirs refuse the inheritance?

Yes, in principle, anyone entitled to an inheritance can refuse the inheritance. But what happens when not just one but several or even all potential heirs renounce?

If an heir turns down, the next legal heir is automatically taken into account.
In practice, it may happen that a whole series of heirs does not want to accept the inheritance — for example in the case of over-indebted estates.
Selbst minor heirs can refuse the inheritance, but legal representatives (parents) must do so, often with court approval.
If a person turns out, they should keep in mind that the Move your own children up automatically. If they too are not to inherit, the parents must declare the inheritance on behalf of their children.

Tip: Anyone who turns down an over-indebted inheritance should ensure that subsequent family members are also informed so that they can react in good time.

What happens if no one accepts the inheritance?

When all potential heirs If the inheritance is refused, the estate remains without an heir. In this case, a special rule applies:

The inheritance goes to the state.
- The state automatically takes over the estate, but not the debt.
- Creditors of the testator can then only access the existing estate assets.
- The private assets of the state remain unaffected.
No liability for debts.
- The state is not liable for liabilities, but only assumes the existing assets (if any).
- If the estate is over-indebted, it remains untouched and creditors remain stuck with the debt.

Important: Anyone who is not sure whether the inheritance is over-indebted should act in good time and find out about the Deadlines and alternatives Inform me about the waiver of the inheritance.

Who pays for the funeral if the inheritance is rejected?

Many people assume that after an inheritance waiver, they no longer have any obligations towards the deceased's estate. But that is a common misconception — The funeral obligation remains in force regardless of the acceptance of the inheritance. So anyone who turns down an inheritance must still arrange the burial or pay for the costs.

Important note: Even if waived, the funeral obligation remains

The burial obligation is set out in the Funeral laws of the federal states regulated and independent of inheritance law. That means:

The immediate relatives are required by law to arrange for the burial — even if they have rejected the inheritance.
The order of persons subject to burial often corresponds to the succession, i.e.:
- Spouses or registered partners
- kids
- parents
- siblings
- More distant relatives
Even if a person is not entitled to inherit or does not inherit, they still remain subject to burial.

Important: The waiver of an inheritance does not release you from the obligation to ensure a dignified burial.

Who is liable for Funeral expenses?

Basically, they wear Dependents subject to burial the costs. However, there are a few key differences:

Heirs bear the costs of the estate.
- If the inheritance is accepted, the funeral expenses are paid from the estate.
In the event of an inheritance waiver, the relatives are personally liable.
- Even without an inheritance, they must bear the costs privately.
If relatives are unable to pay:
- In cases of financial need, social funeral apply to the social welfare office.
- Prerequisite: Evidence that payment of funeral expenses is unreasonable.
- The social welfare office will then arrange a simple but dignified burial.

Tip: Even if the inheritance is rejected, it is worthwhile to check the deceased's financial situation. Sometimes still exist Claims for insurance benefits, which can be used for burial.

Memovida helps you with all the necessary services in this situation

The death of a loved one entails many organizational challenges — particularly if the inheritance has been rejected. We from Memovida support you with:

Individual advice on the funeral obligation and possible financial solutions
Dignified and cost-transparent funerals according to your wishes
Aid with social funerals, if reimbursement by the social welfare office is an option
Easy organizationso that you don't have to worry about bureaucracy during this difficult time

Let us advise you without obligation! We are at your side so that the deceased's funeral is carried out with respect and within your financial framework.

What happens to personal memorabilia in the event of an inheritance?

The loss of a loved one is not only emotionally difficult, but also often involves legal and organizational issues. Many relatives would like to preserve at least a few personal mementos — but what happens to them when the inheritance is rejected?

Are heirs still allowed to keep objects?

Basically, anyone who turns down an inheritance gives all rights to the estate on — i.e. both assets and personal belongings. That means:

Memorabilia such as photos, jewelry or letters are officially part of the estate.
After the waiver Are former heirs no longer entitled on individual objects.
The entire inheritance — and thus also all personal belongings — is transferred to the next beneficiary.

Is there a way to keep memorabilia?

Yes, if the new heir approves. If another person accepts the inheritance, they can voluntarily share this memorabilia.
Yes, if there is no heir. If all heirs turn down and the estate falls to the state, relatives can ask the probate court whether personal belongings can be surrendered.

Important: It is not permitted to remove individual items from the estate before the inheritance has been officially waived. That could be tacit acceptance of the inheritance be scored.

What rights do relatives have to personal mementos?

Whether relatives are allowed to keep memorabilia depends on the case in question:

If there are other heirs: They decide on the transfer of personal belongings. An amicable solution within the family is often the best option.
If the inheritance falls to the state: Personal items may be requested from the probate court. However, there is no guarantee.
If there is a will: The testator can assign certain items in the will to individuals — regardless of whether they accept or reject the inheritance.

Tip: If personal memorabilia is important to you, talk to the potential heirs early on to find a solution. Alternatively, a regulation can be made while the testator is still alive.

Alternatives to hereditary abatement — There are these options

Withdrawing an inheritance is not the only way to protect yourself from financial risks due to an over-indebted inheritance. In some cases, it may be more appropriate to use alternative ways to manage the inheritance without assuming personal liability for debts.

Estate administration as protection against debt: When is estate administration worthwhile?

One Estate administration is an option when it is not certain whether the inheritance is over-indebted, or if the heirs want to accept the inheritance but want to avoid personal liability for debts. It is particularly worthwhile in the following cases:

The estate includes valuable assets (e.g. real estate, jewelry, investments), but also potential liabilities.
The heirs would like to have it checked whether there is still a positive estate remaining after the debt has been repaid.
There are still unclear financial liabilities or ongoing legal disputes on the part of the testator.
The heirs want to prevent the testator's creditors from having access to their private assets.

Differences between estate administration and inheritance waiver

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trait

Estate administration

hereditary rash

Do heirs receive estate?

Yes, but only after deducting the debt

No, they resign completely

Liability for debts?

No, only the inheritance is liable

No, as there is no inheritance acceptance

jurisdiction

Is ordered and administered by the court

Must be actively explained within six weeks

expenses

Court costs and, if applicable, remuneration of the estate administrator

Approx. 30-150 euros for waiver

Important: Estate administration can only be applied for if the inheritance has not yet been officially accepted.

Apply for estate insolvency proceedings

If, after acceptance of the inheritance, it turns out that the estate is over-indebted, heirs may Insolvency of the estate apply for.

How does estate bankruptcy protect against taking on debt?

Insolvency ensures that only the inheritance is used to pay off debts.
that The heirs' private assets remain protected, even if the inheritance is over-indebted.
Creditors can only make use of the estate, not from the private assets of the heirs.

Requirements and procedure

The procedure must be carried out at competent insolvency court be requested.
Prerequisite: The estate is demonstrably over-indebted or unable to pay.
A estate administrator is used to pay off debts and manage the remaining estate (if any).
If assets remain after the debt has been repaid, the heirs receive this amount.

Tip: Insolvency of the estate should be applied for immediatelyas soon as over-indebtedness is identified. Heirs could otherwise be liable for compensation if creditors are disadvantaged.

Take advantage of the three-month grace period

Anyone who accepts an inheritance has the right to three-month grace period (§ 2014 BGB) to be used before it pays for estate liabilities.

What are the benefits of this deadline?

During the Schonfrist Creditors cannot make any claims against the heir in person.
The heirs have time to review the estate, check debts and take legal action.
Within this time, it is possible to create a Estate administration or estate insolvency proceedings to apply for.

What can be clarified during this time?

Provide an overview of the estate: What assets and liabilities exist?
Review of wills and compulsory share claims: Are there any other heirs or legal claims?
Advice from a lawyer or notary: Which solution is the best financially and legally?

Tip: The grace period gives heirs valuable time to make well-thought-out decisions instead of hastily explaining an inheritance waiver.

Common mistakes and mistakes when deciding on inheritance

The waiver of inheritance is a legally binding decision that should be well thought out. However, there are some common misconceptions that can lead to unexpected consequences. In the following, we explain the most common mistakes so that you can act in a well-informed manner.

Automatic assumption of debt through silence?

Misconception: If I don't respond to the inheritance, I automatically assume the deceased's debts.
That's right: Not necessarily — but be careful!

Basic rule: If an heir does not do anything, the inheritance is valid after expiry of the legal period automatically as accepted.
The legal period is six weeks upon knowledge of the inheritance or opening of a will.
Anyone who allows the deadline to elapse is liable for all debts of the testator with his own wealth.
Exception: If the heir was not aware of the over-indebtedness, a subsequent contestation be possible to accept the inheritance.

Tip: Respond in good time and seek advice if there is uncertainty about the testator's financial situation.

Is it possible to waive an inheritance without a notary?

Misconception: I can simply reject the inheritance in writing, without notarization.
That's right: One Informal explanation is not enough.

The hereditary waiver must in person at the probate court or through a notary take place.
One simple written message or an email is not legally valid.
The declaration must either:
- Directly at the probate court delivered or
- Notarized before a notary and then be referred to the court.
Anyone who misses the deadline or incorrectly declares the waiver is considered an heir — with all rights and obligations.

Tip: If you want to save costs, you can go directly to competent probate court audition, as there are lower fees than at the notary.

Can I turn down the inheritance in favor of my children?

Misconception: If I reject the inheritance, it is automatically transferred to my children, who can then benefit from it.
That's right: The waiver of the inheritance does not “deliberately” pass on the inheritance.

If an heir rejects the inheritance, the next legal heir after.
Falls own children are the next heirs, they inherit instead — but also with all debts.
If the inheritance is over-indebted, parents must also for minor children Explain the inheritance separately.
In some cases, this requires the consent of Family court required.

Tip: If the inheritance over-indebted is, parents should explain the waiver in due time not only for themselves but also for their children.

FAQ on hereditary abatement

When do I have to turn down the inheritance as a sister?

As a sister, you must refuse the inheritance if you have been appointed as a legal heir in accordance with a will and do not wish to accept the inheritance, for example due to over-indebtedness of the estate.

Which family members must reject the inheritance?

In principle, any family member entitled to inheritance can refuse the inheritance if they do not wish to do so. This includes children, grandchildren, parents, siblings, spouses and more distant relatives, depending on the succession.

Who inherits if my brother turns down the inheritance?

If your brother rejects the inheritance, it passes to the next person entitled to inherit. If there are no direct descendants, the parents or siblings, for example, will inherit.

How far does the succession go in the event of a waiver?

The succession continues until an eligible heir accepts the inheritance. If all potential heirs decline, the estate ultimately falls to the state.

What do I have to do if I want to turn down the inheritance?

You must declare the inheritance waiver to the competent probate court within six weeks of becoming aware of the inheritance. The declaration can be made there in person or via a notary.

What obligations do you have despite an inheritance?

Even if the inheritance is rejected, legal obligations such as the funeral obligation remain in place. This means that close relatives may continue to be responsible for organizing and financing the funeral.

What does it cost if I reject the inheritance?

The inheritance waiver usually costs between 30 and 50 euros at the probate court. If a notary is involved, there are additional fees under the Court and Notary Fees Act (GnotKG).

When do siblings have to turn down the inheritance?

Siblings should reject the inheritance if the estate is over-indebted or if they do not wish to inherit for personal or financial reasons. Even if the compulsory share claim is more valuable than the inheritance, a waiver can be useful.

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Note: Memovida is a funeral home and offers no legal advice for inheritance waiver or other inheritance law issues. This article is exclusively for informational purposes and does not replace professional legal advice. For a well-founded decision to waive an inheritance, we recommend that you contact a Specialist lawyer for inheritance law or the competent probate court to turn around.