Renunciation of the inheritance (Erbausschlagung)

As the heir is liable to the debts of the decedent (debt liability in Germany), an heir may seek to renounce an inheritance in the case that the estate is indebted (Renunciation of the inheritance or disclaimer). The heir may renounce the inheritance by making a declaration to the probate court for the purpose of authentication, or by a certified authentic declaration in front of a German probate court, a German notary or a German Consule. The general deadline for renunciation is 6 weeks, and 6 months if, among others, the last residence of the deceased was exclusively abroad. An inheritance may only be accepted or renounced in its entirety. Once the heir has accepted the inheritance (acceptance of inheritance) he cannot renounce the inheritance. Upon renunciation of the inheritance, the next in line will receive the estate, unless decedent provided for an alternative distribution in his will. Usually the children will be next in line and will inherit the share of decedent’s debts unless they also renounce the inheritance. However, the parent of a minor children or one parent with full custody, may renounce in the name of the child if the child only inherits because the parents renounced the inheritance.