What deadlines apply for disclaiming an inheritance?
April 11, 2024 | 40,00 EUR | answered by Felix Richter
Dear inheritance lawyer,
I recently found out that I may be an heir and now I am faced with the decision of whether to accept or renounce the inheritance. My grandfather has passed away and has bequeathed his house to me. However, I am unsure if I can handle the financial burdens that come with the inheritance.
I have heard that there are deadlines within which I can renounce the inheritance. Could you please explain to me what deadlines apply and what happens if I let these deadlines pass? I am worried that I may unintentionally accept the inheritance and therefore get into financial difficulties.
Are there ways to extend the deadlines or are there special circumstances under which renouncing the inheritance is possible even after the deadlines have passed? I would greatly appreciate it if you could provide me with a detailed response on this matter so that I can make an informed decision.
Thank you in advance.
Kind regards,
Nina Böhm
Dear Nina Böhm,
Thank you for your inquiry regarding the renunciation of inheritance and the associated deadlines. It is understandable that you are considering whether to accept or renounce the inheritance, especially if you are unsure if you can bear the financial burdens.
In Germany, there is a deadline of six weeks within which you can renounce the inheritance. This deadline starts from the moment you become aware of the inheritance. If you let the deadline pass and do not renounce the inheritance, it will be automatically accepted. In this case, you would assume all rights and obligations as the heir, including the financial obligations.
It is important to keep a close eye on the deadlines and take action in a timely manner to avoid an unwanted acceptance of the inheritance. However, if you have missed the deadline for valid reasons, there are circumstances under which you can still declare the renunciation of inheritance afterwards. This is the case, for example, if you were prevented from renouncing the inheritance within the deadline due to an obstacle, such as illness or absence.
To extend the deadlines, you would need to submit an application to the competent probate court and explain the reasons for the delay. Usually, the court will review the individual case and decide if a retroactive renunciation of inheritance is possible.
In such a case, it is advisable to consult an experienced attorney specializing in inheritance law early on to discuss your situation and plan possible steps. An attorney can provide comprehensive advice and support you in enforcing your rights.
I hope that this information has been helpful to you and I am available for any further questions.
Best regards,
Felix Richter
