Wegweiser Inheritance & Estates · When someone has died Deutsch

🛡️ Estate debts and limiting liability

Heirs are liable for the debts of the deceased. You can limit liability to the estate.

estate liabilities liability estate administration estate insolvency plea of insufficient estate overindebtedness inheriting debts

In brief

You are liable for the debts of the deceased. Compulsory portions, legacies and conditions imposed by the will also count as estate debts.

You can limit liability to the estate. Estate administration (Nachlassverwaltung) and estate insolvency proceedings (Nachlassinsolvenzverfahren) exist for this.

If you know that the estate is overindebted or insolvent, you must apply for estate insolvency without delay. Otherwise you may face liability for damages.

If the estate does not even cover the costs of proceedings, the plea of insufficient estate (Dürftigkeitseinrede) can help.

Step by step

  1. Record the debtsNote all known liabilities.
  2. Compare with the assetsDo the debts outweigh the assets? Then consider disclaiming or limiting liability.
  3. Limit liabilityApply to the court for estate administration or estate insolvency; get advice for this.
  4. Do not favour creditorsDo not pay without checking if the estate is tight.

Deadlines

without delay
Application for estate insolvency on learning of insolvency or overindebtedness§ 1980 Abs. 1 BGB
3 months after acceptance
Three-month defence§ 2014 BGB
Watch out – common mistakes
  • Negligent ignorance counts as knowledge (§ 1980 BGB). If you suspect unknown debts, you must act.
  • Limiting liability takes effect only through one of the procedures under § 1975 BGB.
  • Disclaiming is often simpler, but possible only within six weeks.
  • Anyone who uses up the estate risks liability with their own assets.
In depth · legal basis, figures and practice – for advisers and professionals

Principle

§ 1967 BGB: the heir is liable for the estate liabilities. These include the debts originating from the testator and the liabilities affecting the heir as such, in particular from compulsory portion rights, legacies and conditions imposed by the will.

Limitation to the estate

§ 1975 BGB: the heir's liability for the estate liabilities is limited to the estate if estate administration has been ordered or estate insolvency proceedings have been opened.

Duty to file for insolvency

§ 1980 BGB: if the heir has learned of the insolvency or overindebtedness of the estate, they must apply without delay for the opening of estate insolvency proceedings. If they breach this duty, they are liable to the creditors for damages. Negligent ignorance is equivalent to knowledge. If they have reason to assume that unknown estate liabilities exist, negligence is to be assumed if they have not applied for a public notice procedure for estate creditors; this does not apply if the costs of the procedure are disproportionately large compared with the estate.

Plea of insufficient estate

§ 1990 Abs. 1 BGB: if ordering estate administration or opening estate insolvency proceedings is not feasible because there are not enough assets to cover the costs, or if estate administration is lifted or insolvency proceedings are discontinued for that reason, the heir can refuse to satisfy an estate creditor to the extent that the estate is insufficient. They must surrender the estate for satisfaction by way of enforcement.

Verbraucherzentrale

According to the Verbraucherzentrale guide, instead of disclaiming one can limit liability through estate administration or estate insolvency.

Who is responsible
  • Probate court (estate administration)
  • Insolvency court (estate insolvency)
  • Specialist lawyer for inheritance law (Fachanwältin or Fachanwalt für Erbrecht)
  • Verbraucherzentrale
Further reading
Disclaiming an inheritance: 6 weeksBurial and funeral costs

Quick questions

Worum geht es bei „Estate debts and limiting liability“?
Heirs are liable for the debts of the deceased. You can limit liability to the estate.
Which deadlines and figures matter?
  • without delay: Application for estate insolvency on learning of insolvency or overindebtedness (§ 1980 Abs. 1 BGB)
  • 3 months after acceptance: Three-month defence (§ 2014 BGB)
What should I do first?
  • Record the debts: Note all known liabilities.
  • Compare with the assets: Do the debts outweigh the assets? Then consider disclaiming or limiting liability.
  • Limit liability: Apply to the court for estate administration or estate insolvency; get advice for this.
What do I need to watch out for?
  • Negligent ignorance counts as knowledge (§ 1980 BGB). If you suspect unknown debts, you must act.
  • Limiting liability takes effect only through one of the procedures under § 1975 BGB.
  • Disclaiming is often simpler, but possible only within six weeks.
Evidence
  • Gesetze im Internet, BGB §§ 1967, 1975, 1980, 1990, retrieved 20 September 2026
  • Gesetze im Internet, BGB § 2014, retrieved 20 September 2026
  • Verbraucherzentrale, guide "Erbe ausschlagen", retrieved 20 September 2026
As of

September 2026 · Sources and method

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