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Disclaim an inheritance at the Nachlassgericht

The deadline runs from the point of awareness — not from the date of death

Nachlassgericht or notary§ 1944 BGBDeadline: six weeks

Whoever inherits also inherits the debts — initially with their own assets too. That is why disclaiming an inheritance that is over-indebted is not a formality but the decisive step. It is done by a declaration to the Nachlassgericht (probate court), either taken down in writing there or in publicly certified form through a notary.

The most common and most costly misconception concerns when the deadline starts. Under § 1944 Abs. 2 BGB, the deadline does not start on the date of death, but “at the point in time at which the heir becomes aware of the devolution of the inheritance and of the ground for being called to it”. Anyone who only learns of the inheritance or their status as heir weeks later has six weeks from that point. If the heir is called by a disposition mortis causa (a will or contract of inheritance), the deadline also does not start before this disposition is notified by the Nachlassgericht.

The deadline extends to six months in two cases named in § 1944 Abs. 3 BGB: where the deceased had their last place of residence abroad only, or where the heir is staying abroad when the deadline starts. It is precisely the second case that is overlooked — a holiday at the relevant point in time can quadruple the deadline.

Last updated28 August 2026
Legal basis§ 1944 BGB · GNotKG KV 21201
Verification§ 1944 BGB in full · GNotKG KV 21201 and Table B
Written and reviewed byAndrés Sánchez Botta
Independent information website: we are not the Amtsgericht, not an authority and not a paid advice service – we do not submit applications on your behalf. All information comes from official sources and is explained here in plain language; binding information always comes from the competent body. No legal advice and not an official authority. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source – this is information, not legal or tax advice.
DeadlineSix weeksFrom awareness, not from the date of death
With a connection to abroadSix months§ 1944 Abs. 3 BGB
FeeFrom €300.5 under Table B — minimum amount
Required documents

What you need

Death certificate (Sterbeurkunde)

Or other proof of the inheritance. If you do not have the certificate, this does not prevent the disclaimer — the deadline keeps running, and the declaration takes priority. Submit the proof afterwards if necessary.

Your Personalausweis (identity card)

For the declaration to be taken down in writing at the Nachlassgericht, or for certification by a notary. The disclaimer must be declared strictly in person; an informal power of attorney is not sufficient — a publicly certified one is needed.

Information on the inheritance and on when you became aware of it

When and how you learned of the inheritance and of your being called to it. This point in time determines when the deadline runs and should therefore be included in the declaration — it is difficult to reconstruct later if the timeliness is disputed.

Information on the heirs who take your place

With your disclaimer, the inheritance passes to whoever would have been called had you not been alive at the time of the inheritance — often your own children. For minor children, the disclaimer must also be made on their behalf, otherwise the debt moves on to the next generation.

Step by step

How to proceed

  1. 1

    Determine when the deadline starts

    What matters is the day on which you became aware of the devolution of the inheritance and of the ground for being called to it — not the date of death. Where you are called by a will, the deadline starts at the earliest when the disposition is notified by the Nachlassgericht. Write this day down before you do anything else.

  2. 2

    Check whether the extended deadline applies

    Six months instead of six weeks apply where the deceased had their last place of residence abroad only, or where you were staying abroad when the deadline started. The second case also applies to a temporary stay and is regularly overlooked.

  3. 3

    Get a rough picture of the estate — but not for too long

    Get an overview of the assets and debts. If it remains unclear, disclaiming the inheritance is not the only option: even after acceptance, liability can be limited to the estate through estate administration or estate insolvency proceedings. These routes are more involved, but remain open if the over-indebtedness only becomes apparent later.

  4. 4

    Make the declaration

    Either taken down in writing at the Nachlassgericht or in publicly certified form through a notary, who forwards it. What matters is that the declaration reaches the Nachlassgericht within the deadline — not that it was sent within the deadline. If the deadline is tight, going to the court in person is safer than the post.

  5. 5

    Remember the children

    After your disclaimer, whoever would have been called without you takes your place — often your own children. For minor children, those with custody must disclaim separately, and a deadline of its own runs from when they become aware. Anyone who disclaims only for themselves shifts the debt on to the next generation.

Fee information

Costs and payment

Fee based on the value of the estateGNotKG KV 21201: 0.5 under Table B
Minimum fee€30.00
Value of the estate €10,000€37.50
Value of the estate €50,000€82.50
Over-indebted estateMinimum fee
Disclaimer on behalf of a childMust be declared separately

The €30 often quoted is the minimum fee, not the price: KV 21201 GNotKG provides for 0.5 under Table B. For an over-indebted estate — the most common occasion — it remains at the minimum amount, because the value of the subject matter (Geschäftswert) is low. For a valuable estate that is disclaimed for other reasons, the fee is higher.

Good to know

Important notes

The deadline starts with awareness, not with death. § 1944 Abs. 2 BGB refers to the point in time at which you learn of the devolution of the inheritance and of the ground for being called to it. Anyone who only learns late does not lose the deadline.

With a connection to abroad, it is six months. This already applies if you were staying abroad when the deadline started — even temporarily. This variant of § 1944 Abs. 3 BGB is missing from many accounts.

What matters is receipt by the court, not the postmark. If the deadline is tight, declaring it to be taken down in writing at the Nachlassgericht is the safer route.

The disclaimer cannot be subject to a condition and is indivisible. You cannot disclaim only the debts and keep the house, and you cannot make it conditional.

Not everything is lost once the deadline has passed. If the deadline was missed, challenging the acceptance may be possible if you were mistaken about the over-indebtedness — and independently of that, liability can be limited to the estate through estate administration or estate insolvency proceedings.

Avoid these mistakes

Common mistakes

Calculating the deadline from the date of death. It starts with your awareness of the devolution and the ground for being called; where you are called by a will, at the earliest when notified by the court.

Disclaiming only for yourself. Whoever would have been called without you takes your place — often your own children. For minor children, a separate disclaimer must be made.

Sending the declaration by post shortly before the deadline ends. What matters is receipt by the Nachlassgericht, not when it was sent.

Taking the €30 to be the price. It is the minimum fee of a 0.5 fee under Table B; for a valuable estate, it is higher.

Taking or disposing of items belonging to the estate before disclaiming. Such conduct can be treated as acceptance of the inheritance and rule out the disclaimer.

Frequently asked questions

Questions and answers

From when does the six-week deadline run?

Under § 1944 Abs. 2 BGB, from the point in time at which you become aware of the devolution of the inheritance and of the ground for being called to it — not from the date of death. If you are called by a will or a contract of inheritance, the deadline starts at the earliest when this disposition is notified by the Nachlassgericht.

When do I have six months?

Under § 1944 Abs. 3 BGB, in two cases: where the deceased had their last place of residence abroad only, or where you were staying abroad when the deadline started. The second case also applies to a temporary stay abroad and is often overlooked.

What does disclaiming the inheritance cost?

Under KV 21201 GNotKG, a 0.5 fee under Table B, at least €30.00. For an over-indebted estate — the typical occasion — it remains at the minimum amount. For a valuable estate, the fee depends on its value: at €50,000, it is €82.50.

What happens to my children if I disclaim?

The inheritance passes to whoever would have been called had you not been alive at the time of the inheritance — usually your children. For minor children, those with custody must disclaim separately; a deadline of its own runs from when they become aware. Anyone who overlooks this shifts the debts on to the next generation.

I have missed the deadline — is everything lost?

Not necessarily. If you were mistaken about the over-indebtedness of the estate, challenging the acceptance may be possible. Independently of that, liability can subsequently be limited to the estate, for example through estate administration or estate insolvency proceedings. Both routes are more involved than disclaiming in time, but they protect your own assets.

Can I disclaim only part of the inheritance?

No. The disclaimer is indivisible and cannot be subject to a condition: you cannot disclaim the debts and keep individual items. Anyone who wants to look through the estate without losing the deadline should note the deadline and decide in time — using items from the estate can already count as acceptance.

Related official procedures

Apply for an Erbschein (certificate of inheritance)
Twice 1.0 under Table B — not once
From €150 at €10,000
Request to open insolvency proceedings
Discharge of residual debt after three years
Deferment possible
Opening of the will
Of the court's own motion, without an application
Fixed fee

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