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⏳ Disclaiming an inheritance and its deadlines

You can only disclaim an inheritance within six weeks – in cases involving other countries, within six months.

Disclaiming an inheritance Disclaimer deadline § 1944 BGB § 1945 BGB Probate court Overindebtedness

In brief

If an estate is overindebted or you do not want to inherit for other reasons, you can disclaim the inheritance. A short statutory deadline applies: as a rule six weeks from the time you learned of the inheritance and the reason for your succession (§ 1944 Abs. 1 BGB). The deadline is extended to six months if the deceased person last lived only abroad or if you yourself are abroad when the deadline begins (§ 1944 Abs. 3 BGB).

The disclaimer must be declared in a specific form – an informal letter is not enough.

Step by step

  1. Determine when the deadline beginsThe deadline begins with knowledge of the inheritance and the reason for succession, so usually with knowledge of the death and of your own position as heir.
  2. Check the estateCheck whether the estate is overindebted (see Estate and inheritance: the basics).
  3. Submit the declaration of disclaimerMake the declaration in person for recording at the probate court, or submit it in publicly certified form (e.g. via a notary) (§ 1945 BGB).
  4. For minor heirs, check approvalLegal representatives may need approval from the family court to disclaim on behalf of a minor child.
  5. Inform the next person in lineAfter an effective disclaimer, the next person in the line of succession takes over – they should be informed, as their own deadline starts to run.

Deadlines

6 weeks
Regular disclaimer deadline from knowledge of the inheritance and the reason for succession§ 1944 Abs. 1, 2 BGB
6 months
Extended deadline if the deceased person's last residence was only abroad or the heir is abroad when the deadline begins§ 1944 Abs. 3 BGB
Watch out – common mistakes
  • The deadline begins with knowledge, not necessarily on the day of death – for anyone who only learns later of their own position as heir (e.g. because a closer relative disclaimed first), the deadline only begins anew at that point.
  • If you miss the deadline, you have automatically accepted the inheritance – tacit conduct can also count as acceptance.
  • According to the case law of the Federal Court of Justice, a short stay abroad (e.g. a day trip) does not constitute a "stay abroad" within the meaning of the six-month deadline.
  • A later challenge of the (missed) acceptance on grounds of mistake about the overindebtedness is possible only within narrow limits (§§ 1954, 1956 BGB) and does not replace a timely disclaimer.
In depth · legal basis, figures and practice – for advisers and professionals

Form of the disclaimer (§ 1945 BGB)

The disclaimer must either be declared for recording at the probate court or be submitted in publicly certified form; simple written form without certification is not sufficient. The probate court at the last habitual residence of the deceased person is generally responsible; a declaration made to another, territorially incompetent probate court will be forwarded, but must have been received by that other court within the deadline.

Retroactive effect of the disclaimer (§ 1953 BGB)

If the inheritance is effectively disclaimed, the devolution to the disclaiming person is deemed not to have occurred; the inheritance passes retroactively to the person who would have been called to succession had the disclaiming person not existed.

Minor heirs

If parents disclaim the inheritance on behalf of a minor child, approval from the family court may be required depending on the circumstances; early professional advice is recommended, as the short deadline keeps running in parallel.

Who is responsible
  • Probate court (Nachlassgericht, local court) at the last residence of the deceased person
  • Notary for the certified declaration
Further reading
Estate and inheritance: the basicsAdvice and support services for grief

Quick questions

Worum geht es bei „Disclaiming an inheritance and its deadlines“?
You can only disclaim an inheritance within six weeks – in cases involving other countries, within six months.
Which deadlines and figures matter?
  • 6 weeks: Regular disclaimer deadline from knowledge of the inheritance and the reason for succession (§ 1944 Abs. 1, 2 BGB)
  • 6 months: Extended deadline if the deceased person's last residence was only abroad or the heir is abroad when the deadline begins (§ 1944 Abs. 3 BGB)
What should I do first?
  • Determine when the deadline begins: The deadline begins with knowledge of the inheritance and the reason for succession, so usually with knowledge of the death and of your own position as heir.
  • Check the estate: Check whether the estate is overindebted (see Estate and inheritance: the basics).
  • Submit the declaration of disclaimer: Make the declaration in person for recording at the probate court, or submit it in publicly certified form (e.g. via a notary) (§ 1945 BGB).
What do I need to watch out for?
  • The deadline begins with knowledge, not necessarily on the day of death – for anyone who only learns later of their own position as heir (e.g. because a closer relative disclaimed first), the deadline only begins anew at that point.
  • If you miss the deadline, you have automatically accepted the inheritance – tacit conduct can also count as acceptance.
  • According to the case law of the Federal Court of Justice, a short stay abroad (e.g. a day trip) does not constitute a "stay abroad" within the meaning of the six-month deadline.
Evidence
  • §§ 1944, 1945, 1953, 1954, 1956 BGB (gesetze-im-internet.de)
As of

As of September 2026. · Sources and method

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