Probate - disclaimer of an inheritance

What deadlines must be paid attention to?

The deadline for rejection is 6 weeks. However, it is 6 months if the testator's last habitual residence was abroad or if the person to whom the inheritance accrued was abroad when the period commenced.

The period begins with the knowledge of the accrual of the inheritance and the reason for the appointment as heir (i.e. on the basis of the notification of the existence and contents of a will or on the basis of the notification that at least one heir who is ahead in the succession has rejected the inheritance) and can therefore also be well after the date of death of the testator.

When notarising the rash declaration at the court of residence or at the competent probate court, the declaration is declared to be in compliance with the deadline with the signature provided. In the case of notarisation by a notary public or by a court other than those mentioned above, the declaration of rejection only becomes effective within the deadline if it is received by the competent probate court. The risk for this shall be borne by the person making the rash declaration.

The person to whom the inheritance only accrues on the basis of a disclaimer by a previously appointed heir is notified by the probate court.

If a will exists, the period does not begin before the testator makes the will and informs the heirs.

What are the costs?

30,00 EUR The fee for notarisation of the rash declaration at the local court is usually 30 Euros. It is advisable to reject with several persons at the same time.
The notary's fees are charged according to the same law. The notary also charges the value added tax and any expenses.