Probate - disclaimer of an inheritance
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Sterbefall und Nachlass
Procedure
The disclaimer must be declared in publicly certified form or on the record of the probate court, i.e.
a) the signature must either be certified by a notary public or
b) the declaration must be certified by the probate court.
c) the declaration must be certified by the court of residence of the disclaiming party, or
d) be certified by any other probate court.
As a result of a declaration of disclaimer, the inheritance falls to the children and also to the grandchildren or great-grandchildren, etc. of the disclaiming party, as well as, if applicable, to other relatives in the collateral line , in the probate proceedings that are governed by the legal succession.
For minor children, the legal representative decides whether the inheritance is to be disclaimed. As a rule, the legal representatives are the parents of the children jointly. The disclaimer of inheritance for the children is then only effective if it is made by both parents . Both parents can also declare the disclaimer separately. Anyone who has sole custody of minor children or no custody at all should mention this in the disclaimer.
Under certain circumstances, the approval of the family court is required. This must then be proven to the probate court within the disclaimer period.
A proxy can only submit the disclaimer if the power of attorney is publicly certified. This power of attorney must be enclosed with the declaration or brought forward within the disclaimer period (Section 1945 (3) of the German Civil Code).
Legal bases
More information
The probate court is the local court at the last habitual residence of the deceased. This is not necessarily the last residence under civil law, but the place where the deceased last had his or her center of life.
For the notarization of declarations of disgorgement at the Bremen and Bremen-Blumenthal Local Courts, it is mandatory to make an appointment via the responsible office. At Bremerhaven Local Court, the declaration of disclaimer can be notarized during office hours from Monday to Thursday.
