Disclaiming an inheritance: how to proceed step by step

Disclaiming in 5 steps

1. Get an overview: go through post, bank statements and reminders without disposing of the estate.
2. Work out the time limit: note the date on which you learned of it and add six weeks.
3. Choose the route: make an appointment at the probate court or with a notary.
4. Take documents with you: identity document, details of the deceased, and for children proof of parental responsibility.
5. Think of the family: clarify who inherits after you and disclaim in good time for minor children too.

When is it worth disclaiming an inheritance?

On death, the deceased's assets automatically pass to the heirs, together with all debts (Sec. 1922, 1967 BGB). You only have to take action if you do not want to inherit. Typical reasons:

• Over-indebted estate: loans, rent arrears or tax debts exceed the assets. Without a disclaimer, you are in principle also liable with your own money.
• Burdened property: a house can cost more than it is worth because of loans, a repair backlog or running costs.
• Your own insolvency: anyone who is themselves in insolvency proceedings should clarify beforehand what the inheritance means for their creditors.
• Tactical disclaimer: an heir entitled to a compulsory share who is burdened with legacies, administration by an executor or a subsequent inheritance can disclaim and claim the compulsory share (Sec. 2306 BGB). Spouses under the statutory matrimonial property regime can claim equalisation of accrued gains and the compulsory share after disclaiming (Sec. 1371 (3) BGB). More in the guide to the compulsory share.
• Personal reasons: for example, if the assets are to go directly to the next generation. If taxes or a settlement payment are involved, bring in a tax adviser.

A disclaimer cannot be split: keeping the savings book and disclaiming the debts is not possible (Sec. 1950 BGB). A condition is not permitted either (Sec. 1947 BGB). Use the six weeks to get an overview; looking through documents and making enquiries do not amount to acceptance.

Time limit: how long can you disclaim an inheritance?

The period for disclaiming is six weeks (Sec. 1944 (1) BGB). It begins when you know that the death has occurred and why you are an heir, i.e. by law or by will (Sec. 1944 (2) BGB).

Situation	Start of the period	Duration
Intestate succession, no will	knowledge of the death and of your position as statutory heir	6 weeks
Heir under a will or contract of inheritance	at the earliest on notification by the probate court, usually the letter on the opening of the will	6 weeks
Deceased's last residence only abroad, or you are abroad when the period begins	as above	6 months
You move up because someone else has disclaimed	knowledge of the disclaimer and of your position as heir	6 weeks

Example of the time limit: Your mother dies without a will. On Tuesday, 3 March 2026, you learn of this and know that, as her child, you are a statutory heir. The period ends on Tuesday, 14 April 2026, at midnight. By then, the declaration must have reached the probate court; sending it is not enough. If the end of the period falls on a Saturday, Sunday or public holiday, the next working day applies (Sec. 193 BGB).

After the period has expired, the inheritance is deemed accepted (Sec. 1943 BGB). The only options then are to contest the failure to meet the time limit on the grounds of a mistake, or to limit liability to the estate. Do not plan for the last day, as not every court gives appointments at short notice. If you cannot get one, the route via a notary remains.

Disclaiming an inheritance: where and how?

The disclaimer is a declaration to the probate court, made for the court's record or in publicly certified form (Sec. 1945 (1) BGB).

At the probate court (local court)

The probate court is the local court (Amtsgericht) for the deceased's last habitual residence, usually their last place of residence (Sec. 343 FamFG). You can, however, also make the declaration at the probate court for your own place of residence, which forwards it (Sec. 344 (7) FamFG). Whether in Cologne, Berlin or Leipzig: go to the local court for your place of residence or that of the deceased. The court finder in the justice portal of the Federation and the federal states shows which one has jurisdiction. The court records your declaration, and you sign it.

With a notary

At the notary, you sign the declaration and the notary certifies your signature. It must reach the competent probate court within the time limit. If the notary prepared the draft, sending it to the court is covered by the notary's fee (preliminary remark 2.4.1 (4) of the schedule of costs of the GNotKG).

Is it possible without a notary? Is it possible in writing?

It is possible without a notary, for the record at the probate court. It is not possible purely in writing: a letter, email or fax with a normal signature is invalid. By post, only a letter with a signature certified by a notary works, and it must arrive in time.

Form and content of the declaration

There is no mandatory form. Forms provided by the local courts help with preparation, but the declaration only becomes effective when it is recorded or certified. It should contain your personal details, the details of the deceased, when and how you learned of the death, the disclaimer on all grounds of succession and, as far as known, the persons who inherit after you.

These are the documents you need

• valid identity card or passport,
• death certificate or the exact details of the deceased (name, dates of birth and death, last residence),
• any letter from the probate court with a file number, for example on the opening of the will,
• details of the deceased's spouse, children, parents and siblings,
• when disclaiming for children: birth certificate, both parents with parental responsibility in person or with a certified power of attorney, and proof if one parent has sole parental responsibility,
• if represented: a publicly certified power of attorney.

The courts' requirements are not uniform, so ask when making the appointment.

Representation with a power of attorney

You can be represented. The authorised representative needs a publicly certified power of attorney, which is attached to the declaration or submitted within the time limit (Sec. 1945 (3) BGB).

What does it cost to disclaim an inheritance?

The court and the notary charge under the GNotKG. What counts is the value of the estate, or of your share of it, after deduction of debts at the time of the declaration (Sec. 103 (1) GNotKG). If the estate is over-indebted, the value is zero and only the minimum fee is charged.

Route	Fee	Estate over-indebted	Estate €20,000 net	Note
Probate court: declaration for the record	0.5 fee Table B, min. €30 (no. 21201 no. 7 of the schedule of costs of the GNotKG in conjunction with preliminary remark 1 (2))	€30	€53.50	no VAT
Notary: draft and certification	0.5 fee, min. €30 (schedule no. 24102, Sec. 92 (2) GNotKG), certification on the same day without an extra fee	€30	€53.50	plus expenses and 19% VAT
Notary: certification only, under your own text	0.2 fee, min. €20, max. €70 (schedule no. 25100)	€20	€21.40	plus expenses and 19% VAT
Probate court: receipt of the notarial declaration	not provided for in the schedule of costs (schedule no. 12410 does not mention the disclaimer)	€0	€0	no fee provided for
Legal advice from Recht 24/7	fixed price	fixed price	fixed price	incl. VAT, in writing within 24 hours

Fee by value of the estate (Table B, Sec. 34 GNotKG):

Estate (or your share) after deduction of debts	0.5 fee (court, notary with draft)	0.2 fee (certification only)
over-indebted or €0	€30.00	€20.00
€10,000	€37.50	€20.00
€50,000	€82.50	€33.00
€100,000	€136.50	€54.60
€200,000	€217.50	€70.00

Example calculation: Your father leaves €25,000 in credit balances and €45,000 in debts. The estate is over-indebted by €20,000, and the transaction value is zero. At the probate court you pay €30, and with a notary preparing the draft also €30 plus expenses and VAT. If the notary charges the flat rate for post and telecommunications (20% of the fee, max. €20, schedule no. 32005 GNotKG), that is €6, making approx. €43 in total with 19% VAT, plus copies where applicable (schedule no. 32001 GNotKG).

Who pays? You, as the person disclaiming, even if you end up inheriting nothing. If you disclaim for your children at the same time, the court adds the values together in the same record (Sec. 35 (1) GNotKG), and the costs are shared by those making the declaration. If the estate is over-indebted, it stays at €30. A family court approval may give rise to separate costs.

Who inherits if you disclaim? The order

After the disclaimer, the inheritance is deemed never to have passed to you. It goes to whoever would have been called if you had no longer been alive at the time of death (Sec. 1953 (1) and (2) BGB). The probate court is to inform that person (Sec. 1953 (3) BGB), and a separate six-week period runs for them.

Without a will, intestate succession applies according to orders. A closer order excludes the more distant ones:

• 1st order: children, grandchildren, great-grandchildren (Sec. 1924 BGB)
• 2nd order: parents and their descendants, i.e. siblings, nephews, nieces (Sec. 1925 BGB)
• 3rd order: grandparents and their descendants, i.e. uncles, aunts, cousins (Sec. 1926 BGB)
• Spouse or registered civil partner: inherits alongside relatives with a share of their own (Sec. 1931 BGB, Sec. 10 LPartG)
• State: if there is nobody left or everyone has disclaimed (Sec. 1936 BGB)

Example chain: Thomas dies over-indebted and without a will. He leaves his wife Anna, his children Lena and Max, Lena's daughter Mia (aged 4), his mother and his brother Jan. His father has already died.

1. Wife and children: Anna inherits alongside the children, Lena and Max as 1st order. All three disclaim.
2. Granddaughter: Mia takes Lena's place (Sec. 1924 (3) BGB). Lena and her partner, as the parents with parental responsibility, also disclaim for Mia. Max has no children.
3. Mother and brother: Without a 1st order, the 2nd order inherits. The mother receives half, and Jan takes the place of the deceased father with the other half (Sec. 1925 (3) BGB). Both disclaim.
4. Nephews and nieces: If Jan has children, they take his place.
5. Grandparents, uncles, aunts: The 3rd order follows, and so on.
6. State: If everyone disclaims, the federal state in which Thomas last lived inherits (Sec. 1936 BGB).

Everyone in the chain must act for themselves. So coordinate within the family.

Siblings: do they have to disclaim too?

Siblings inherit if no children, grandchildren or great-grandchildren inherit and at least one parent of the deceased has already died or also disclaims. If the children and spouse disclaim, as a brother or sister you should expect a letter from the probate court. Your own time limit runs from when you learn of it.

Grandchildren: what applies to the grandchildren?

If a child of the deceased disclaims, their children take their place. For minor grandchildren, their parents act; see the next section.

The state as the last heir

The federal state cannot disclaim as statutory heir (Sec. 1942 (2) BGB) and is only liable with the estate. Creditors of an over-indebted estate then partly go away empty-handed.

Disclaiming an inheritance for children

For minor children, the parents act as legal representatives, and if they have joint parental responsibility, both together (Sec. 1629 (1) BGB). This also applies if the child does not live with both. A parent with sole parental responsibility acts alone and provides proof of this.

In principle, parents need the approval of the family court for this (Sec. 1643 (1) in conjunction with Sec. 1851 no. 1 BGB). The most important exception is in Sec. 1643 (3) BGB:

Case	Approval needed?
The child only inherits because you disclaimed, and you represent the child alone or with the other parent	no
You were called as heir alongside the child, for example both by will	yes
The child is a direct heir, for example under the grandparents' will or because their parent has died	yes
The parent disclaiming has no parental responsibility, and the other parent disclaims for the child	yes

Time limit for the child: Six weeks also apply, and what counts is the parents' knowledge. If approval is needed, you make the disclaimer within the time limit and apply for approval to the family court. While the approval proceedings are pending, the period is suspended; the disclaimer becomes effective once the approval is final, and the family court notifies the probate court (Sec. 1644 (3) in conjunction with Sec. 1858 (3) BGB).

What may you do before disclaiming, and what not?

An inheritance can also be accepted by conduct. Anyone who behaves like an heir can lose the right to disclaim (Sec. 1943 BGB).

Permitted, not acceptance	Risky, may count as acceptance
organising the funeral	selling or giving away items from the estate
going through post, asking about account balances	withdrawing money from the deceased's account for your own purposes
entering the flat to get an overview	keeping and using the car, jewellery or furniture
disposing of perishables, protecting the flat against frost	applying for a certificate of inheritance
looking after pets	paying debts from the estate as heir
informing the court and creditors of the death	continuing the deceased's contracts as heir

Necessary protective measures are permitted; in doing so, you act as an agent without mandate for the later heir (Sec. 1959 (1) BGB). Only apply for a certificate of inheritance if you definitely want the inheritance; see the guide to the certificate of inheritance.

May you enter the flat?

Yes. Entering, airing, collecting post and securing valuables do not amount to acceptance. Do not take anything for yourself, and document what you take into your keeping for safekeeping.

Clearing the flat, household goods, keys

You should not dissolve the household, clear out the flat or sell household goods before disclaiming. This can count as acceptance, and after the disclaimer the household goods belong to the next heir. You can give the keys to the landlord on request, recording in writing that you are not acting as heir.

Rent and contracts

The tenancy passes to the heir if no member of the household takes it over. The heir and the landlord can then terminate it extraordinarily within one month with the statutory notice period (Sec. 564 BGB). If you disclaim, you neither have to pay rent nor give notice. Giving notice as heir, on the other hand, may be understood as acceptance. If no heir can be found, the landlord can apply for an estate guardian (Nachlasspfleger) to be appointed (Sec. 1961 BGB). Questions about the tenancy can be clarified in the advice service Tenancy law lawyer.

Organising and paying for the funeral

The funeral costs are borne by the heir (Sec. 1968 BGB). This must be distinguished from the duty to arrange a burial under the laws of the federal states, which applies to close relatives regardless of the inheritance. Anyone who pays and then disclaims can in principle reclaim the costs from the heir. If payment is unreasonable, the social welfare office covers the necessary costs (Sec. 74 SGB XII).

Reversing a disclaimer or contesting acceptance

You cannot revoke a disclaimer, only contest it, above all in the case of a mistake. You declare the challenge in the same form to the probate court (Sec. 1955 BGB).

• Unaware of debts: If you accepted or let the time limit pass and considerable debts later come to light, you can contest the acceptance or the failure to meet the time limit (Sec. 1954, 1956 BGB). Contesting the acceptance is deemed to be a disclaimer (Sec. 1957 (1) BGB).
• The other way round: If you disclaimed because you assumed over-indebtedness and assets come to light, contesting the disclaimer may be considered. It is deemed to be an acceptance.
• Time limit: six weeks from knowledge of the ground for contesting, six months if there is an international element, excluded after 30 years (Sec. 1954 BGB).

Not every mistake is enough; anyone who did not inform themselves at all will find it difficult.

Alternatives: limiting liability instead of disclaiming

If it is unclear which outweighs the other, you can also accept and limit your liability to the estate (Sec. 1975 BGB).

	Disclaimer	Administration of the estate	Estate insolvency	Plea of insufficient estate
When it makes sense	estate clearly over-indebted or not wanted	position unclear, estate probably sufficient	estate illiquid or over-indebted	estate does not even cover the costs of proceedings
Time limit	6 weeks	no time limit for the heir; co-heirs only jointly and before division (Sec. 1981, 2062 BGB)	without delay after knowledge (Sec. 1980 BGB)	in the dispute with the creditor
Liability with private assets	none, you are not an heir	none (Sec. 1975 BGB)	none (Sec. 1975 BGB)	none, to the extent the estate is insufficient (Sec. 1990 BGB)
Who acts	you, at the court or notary	administrator appointed by the probate court (Sec. 1981 BGB)	insolvency administrator, application to the insolvency court (Sec. 317 InsO)	you, towards the creditor
Costs	from €20	court (annual fee min. €200, schedule no. 12311 GNotKG) and administrator (Sec. 1987 BGB) from the estate (Sec. 24 no. 5 GNotKG)	costs of proceedings from the estate (Sec. 53, 54 InsO)	no costs of proceedings
Is anything left for you?	no	the surplus after the debts	usually nothing	no, the estate goes to the creditors

Disclaimer or estate insolvency? If the estate is clearly over-indebted, disclaiming is the simplest and cheapest route. Estate insolvency is appropriate if you have missed the time limit or the position only becomes clear later. As heir, you must then file the application without delay; otherwise you are liable to the creditors for the damage (Sec. 1980 (1) BGB).

Unsure? How a lawyer can help

Advice is worthwhile if time is short, you do not have an overview of the estate, children are affected or the compulsory share is involved. You describe the case online, and a lawyer at our law firm answers in writing within 24 hours. Have your individual case reviewed before you make a declaration that you cannot take back.