INHERITANCE LAW
Disclaiming an inheritance in Cologne: meeting deadlines, avoiding debts
By the time the letter from the probate court arrives, the six-week period is usually already running. I check whether you have become an heir at all and when the period began, work through with you whether accepting or disclaiming makes more sense, and make sure the declaration holds up formally. If it is urgent, better to call than to write.
Disclaiming an inheritance: the deadline is six weeks
There are six weeks in which to disclaim (section 1944 German Civil Code). The period does not begin on the date of death, but when you know of the inheritance and of the grounds on which you were called to it. Where succession is by will, it runs at the earliest from the point at which the probate court notifies the disposition.
Six months apply where the deceased's last residence was exclusively abroad or where you are abroad when the period begins.
Disclaiming: the form of the declaration and the consequences of acceptance
The form is strict (section 1945 German Civil Code). The disclaimer is declared to the probate court, either recorded by the court or in publicly certified form, that is, through a notary. An e-mail is not enough, a letter to the co-heirs is not enough. Anyone sending a representative needs a publicly certified power of attorney, which has to be attached to the declaration or supplied within the deadline.
If the period expires, the inheritance counts as accepted (section 1943 German Civil Code). You are then in principle liable for the estate's liabilities as well (section 1967), initially with your own assets. That liability can be limited by way of an inventory, estate administration or estate insolvency proceedings, and an acceptance that has taken effect can be challenged under narrow conditions.
Acceptance can happen without any declaration
Anyone who behaves like an heir may accept the inheritance by doing so: taking objects from the flat, closing the account, collecting rent, pushing a sale forward. Such steps look like tidying up, but they block the disclaimer. The rule is therefore: clarify first, then act, and take nothing from the estate until the decision is made.
Disclaiming for minor children
If you as parents disclaim for yourselves, the inheritance frequently passes on to your own children. The parents have to act for them as well, and disclaiming for a minor child may require the approval of the family court (section 1643 German Civil Code). If that is part of the plan, the calculation must not begin in the last week of the deadline.
What happens after a disclaimer
Anyone who disclaims passes their share on to the next person, as a rule to their own children. Partial disclaiming is not possible: the declaration covers the whole share, not just the unwelcome items. It can only be undone by a challenge under narrow conditions, within six weeks of learning of the ground for it (section 1954 German Civil Code).
Why disclaimers fail in practice
01
Getting the start of the period wrong
Many people count from the date of death. What matters is your knowledge of the inheritance and of the grounds on which you were called to it. The consequence of a miscalculation: the period has expired, the inheritance counts as accepted, and all that remains is limiting liability.
02
Dealing with estate assets before deciding
The flat is cleared, the car sold, the savings account closed, because “someone has to”. Such acts can be treated as acceptance. The chance to disclaim is then gone, even though the period was still running. Until the decision is taken, everything stays where it is.
03
Forgetting to disclaim for the children
Parents think of themselves and overlook that, if they disclaim, the inheritance passes on to their children. Weeks later the same question is back on the table, now with approval proceedings and less time.
How I proceed
01
Clarify three points
When did you learn that you had been called to the inheritance, what is known about the assets and debts of the estate, and who else has been called alongside you.
02
Documents
For that I need the letter from the probate court, the death certificate, the will or the record of its opening where available, and a first overview of known accounts and liabilities.
03
Recommendation
Then there is a recommendation: disclaim, accept with limited liability, or first obtain information from a secure position for as long as the deadline allows.
04
Preparing the declaration
I prepare the declaration so that it can be filed in the required form with the competent probate court. Where necessary the route runs through a notary's office with a certified power of attorney.
A typical situation
01
A brother has died, three weeks of the deadline are left
A man learns of his brother's death, and the probate court informs him that he has become an heir by law. What is known is a tenancy agreement with arrears and an overdraft facility. Three weeks of the deadline remain. Here what can be secured within days is secured first.
Office in Cologne, competent probate court
You can reach me at Jakordenstrasse 8 in 50668 Cologne, and while a deadline is running by phone or video too, if an appointment in person no longer fits. The disclaimer is declared to the court in whose district the deceased last had their habitual residence (section 343(1) FamFG).
For an estate in Cologne that is the probate court at the Cologne Local Court. As a lawyer for inheritance law in Cologne I handle disclaimers for clients from Cologne and the surrounding area, from Bergisch Gladbach to Frechen, and throughout Germany as well, wherever the court happens to sit.
YOUR QUESTIONS
Frequently asked questions
Six weeks from the point at which you know of the death and of the grounds on which you are an heir (section 1944 German Civil Code). Where there is a foreign element, that is, the deceased's last residence abroad or your own stay there when the period begins, six months apply. What matters is your knowledge, not the date of death. If the deadline is getting tight, call rather than write.
Once the period expires the inheritance counts as accepted (section 1943 German Civil Code), and you are in principle liable for the estate's liabilities (section 1967). Two routes remain: limiting liability to the estate by way of an inventory, estate administration or estate insolvency proceedings, or challenging an acceptance that has taken effect on grounds of defective intent, for which section 1954 sets a period of six weeks from learning of the ground for the challenge.
I bill by time; my hourly rate is 280 euros plus 19% VAT, and the statutory fees under the German Lawyers' Fees Act (RVG) form the minimum. A straightforward disclaimer with a clear picture stays modest. An examination with an unclear estate, minor children and approval proceedings takes more time. Notary and court costs are additional; for a disclaimer they are usually low.
As an heir yes, in principle with your own assets as well (section 1967 German Civil Code). That is precisely the point of disclaiming: anyone who disclaims in time never becomes an heir and is not liable.
Doing nothing is not enough. Silence leads to acceptance once the period expires (section 1943 German Civil Code). Anyone who does not want to inherit has to disclaim expressly, in the prescribed form, to the probate court (section 1945). A message to the family or a phone call to the court is not enough. The declaration is short, but it has to be formally correct, otherwise it has no effect. Important: the declaration itself cannot be made to a lawyer. A disclaimer is declared to the competent probate court or to a notary.
Deadline checked, decision taken
If a deadline for disclaiming is running or has just expired, bring the letter from the probate court. In the initial consultation we clarify when the period began, where the decision stands and what the next step is. Appointments at Jakordenstrasse 8 in Cologne, by video or by phone.
INHERITANCE LAW
Disclaiming an inheritance in Cologne: meeting deadlines, avoiding debts
By the time the letter from the probate court arrives, the six-week period is usually already running. I check whether you have become an heir at all and when the period began, work through with you whether accepting or disclaiming makes more sense, and make sure the declaration holds up formally. If it is urgent, better to call than to write.
Disclaiming an inheritance: the deadline is six weeks
There are six weeks in which to disclaim (section 1944 German Civil Code). The period does not begin on the date of death, but when you know of the inheritance and of the grounds on which you were called to it. Where succession is by will, it runs at the earliest from the point at which the probate court notifies the disposition.
Six months apply where the deceased's last residence was exclusively abroad or where you are abroad when the period begins.
Disclaiming: the form of the declaration and the consequences of acceptance
The form is strict (section 1945 German Civil Code). The disclaimer is declared to the probate court, either recorded by the court or in publicly certified form, that is, through a notary. An e-mail is not enough, a letter to the co-heirs is not enough. Anyone sending a representative needs a publicly certified power of attorney, which has to be attached to the declaration or supplied within the deadline.
If the period expires, the inheritance counts as accepted (section 1943 German Civil Code). You are then in principle liable for the estate's liabilities as well (section 1967), initially with your own assets. That liability can be limited by way of an inventory, estate administration or estate insolvency proceedings, and an acceptance that has taken effect can be challenged under narrow conditions.
Acceptance can happen without any declaration
Anyone who behaves like an heir may accept the inheritance by doing so: taking objects from the flat, closing the account, collecting rent, pushing a sale forward. Such steps look like tidying up, but they block the disclaimer. The rule is therefore: clarify first, then act, and take nothing from the estate until the decision is made.
Disclaiming for minor children
If you as parents disclaim for yourselves, the inheritance frequently passes on to your own children. The parents have to act for them as well, and disclaiming for a minor child may require the approval of the family court (section 1643 German Civil Code). If that is part of the plan, the calculation must not begin in the last week of the deadline.
What happens after a disclaimer
Anyone who disclaims passes their share on to the next person, as a rule to their own children. Partial disclaiming is not possible: the declaration covers the whole share, not just the unwelcome items. It can only be undone by a challenge under narrow conditions, within six weeks of learning of the ground for it (section 1954 German Civil Code).
Why disclaimers fail in practice
01
Getting the start of the period wrong
Many people count from the date of death. What matters is your knowledge of the inheritance and of the grounds on which you were called to it. The consequence of a miscalculation: the period has expired, the inheritance counts as accepted, and all that remains is limiting liability.
02
Dealing with estate assets before deciding
The flat is cleared, the car sold, the savings account closed, because “someone has to”. Such acts can be treated as acceptance. The chance to disclaim is then gone, even though the period was still running. Until the decision is taken, everything stays where it is.
03
Forgetting to disclaim for the children
Parents think of themselves and overlook that, if they disclaim, the inheritance passes on to their children. Weeks later the same question is back on the table, now with approval proceedings and less time.
How I proceed
01
Clarify three points
When did you learn that you had been called to the inheritance, what is known about the assets and debts of the estate, and who else has been called alongside you.
02
Documents
For that I need the letter from the probate court, the death certificate, the will or the record of its opening where available, and a first overview of known accounts and liabilities.
03
Recommendation
Then there is a recommendation: disclaim, accept with limited liability, or first obtain information from a secure position for as long as the deadline allows.
04
Preparing the declaration
I prepare the declaration so that it can be filed in the required form with the competent probate court. Where necessary the route runs through a notary's office with a certified power of attorney.
A typical situation
01
A brother has died, three weeks of the deadline are left
A man learns of his brother's death, and the probate court informs him that he has become an heir by law. What is known is a tenancy agreement with arrears and an overdraft facility. Three weeks of the deadline remain. Here what can be secured within days is secured first.
Office in Cologne, competent probate court
You can reach me at Jakordenstrasse 8 in 50668 Cologne, and while a deadline is running by phone or video too, if an appointment in person no longer fits. The disclaimer is declared to the court in whose district the deceased last had their habitual residence (section 343(1) FamFG).
For an estate in Cologne that is the probate court at the Cologne Local Court. As a lawyer for inheritance law in Cologne I handle disclaimers for clients from Cologne and the surrounding area, from Bergisch Gladbach to Frechen, and throughout Germany as well, wherever the court happens to sit.
YOUR QUESTIONS
Frequently asked questions
Six weeks from the point at which you know of the death and of the grounds on which you are an heir (section 1944 German Civil Code). Where there is a foreign element, that is, the deceased's last residence abroad or your own stay there when the period begins, six months apply. What matters is your knowledge, not the date of death. If the deadline is getting tight, call rather than write.
Once the period expires the inheritance counts as accepted (section 1943 German Civil Code), and you are in principle liable for the estate's liabilities (section 1967). Two routes remain: limiting liability to the estate by way of an inventory, estate administration or estate insolvency proceedings, or challenging an acceptance that has taken effect on grounds of defective intent, for which section 1954 sets a period of six weeks from learning of the ground for the challenge.
I bill by time; my hourly rate is 280 euros plus 19% VAT, and the statutory fees under the German Lawyers' Fees Act (RVG) form the minimum. A straightforward disclaimer with a clear picture stays modest. An examination with an unclear estate, minor children and approval proceedings takes more time. Notary and court costs are additional; for a disclaimer they are usually low.
As an heir yes, in principle with your own assets as well (section 1967 German Civil Code). That is precisely the point of disclaiming: anyone who disclaims in time never becomes an heir and is not liable.
Doing nothing is not enough. Silence leads to acceptance once the period expires (section 1943 German Civil Code). Anyone who does not want to inherit has to disclaim expressly, in the prescribed form, to the probate court (section 1945). A message to the family or a phone call to the court is not enough. The declaration is short, but it has to be formally correct, otherwise it has no effect. Important: the declaration itself cannot be made to a lawyer. A disclaimer is declared to the competent probate court or to a notary.
Deadline checked, decision taken
If a deadline for disclaiming is running or has just expired, bring the letter from the probate court. In the initial consultation we clarify when the period began, where the decision stands and what the next step is. Appointments at Jakordenstrasse 8 in Cologne, by video or by phone.
INHERITANCE LAW
Disclaiming an inheritance in Cologne: meeting deadlines, avoiding debts
By the time the letter from the probate court arrives, the six-week period is usually already running. I check whether you have become an heir at all and when the period began, work through with you whether accepting or disclaiming makes more sense, and make sure the declaration holds up formally. If it is urgent, better to call than to write.
Disclaiming an inheritance: the deadline is six weeks
There are six weeks in which to disclaim (section 1944 German Civil Code). The period does not begin on the date of death, but when you know of the inheritance and of the grounds on which you were called to it. Where succession is by will, it runs at the earliest from the point at which the probate court notifies the disposition.
Six months apply where the deceased's last residence was exclusively abroad or where you are abroad when the period begins.
Disclaiming: the form of the declaration and the consequences of acceptance
The form is strict (section 1945 German Civil Code). The disclaimer is declared to the probate court, either recorded by the court or in publicly certified form, that is, through a notary. An e-mail is not enough, a letter to the co-heirs is not enough. Anyone sending a representative needs a publicly certified power of attorney, which has to be attached to the declaration or supplied within the deadline.
If the period expires, the inheritance counts as accepted (section 1943 German Civil Code). You are then in principle liable for the estate's liabilities as well (section 1967), initially with your own assets. That liability can be limited by way of an inventory, estate administration or estate insolvency proceedings, and an acceptance that has taken effect can be challenged under narrow conditions.
Acceptance can happen without any declaration
Anyone who behaves like an heir may accept the inheritance by doing so: taking objects from the flat, closing the account, collecting rent, pushing a sale forward. Such steps look like tidying up, but they block the disclaimer. The rule is therefore: clarify first, then act, and take nothing from the estate until the decision is made.
Disclaiming for minor children
If you as parents disclaim for yourselves, the inheritance frequently passes on to your own children. The parents have to act for them as well, and disclaiming for a minor child may require the approval of the family court (section 1643 German Civil Code). If that is part of the plan, the calculation must not begin in the last week of the deadline.
What happens after a disclaimer
Anyone who disclaims passes their share on to the next person, as a rule to their own children. Partial disclaiming is not possible: the declaration covers the whole share, not just the unwelcome items. It can only be undone by a challenge under narrow conditions, within six weeks of learning of the ground for it (section 1954 German Civil Code).
Why disclaimers fail in practice
01
Getting the start of the period wrong
Many people count from the date of death. What matters is your knowledge of the inheritance and of the grounds on which you were called to it. The consequence of a miscalculation: the period has expired, the inheritance counts as accepted, and all that remains is limiting liability.
02
Dealing with estate assets before deciding
The flat is cleared, the car sold, the savings account closed, because “someone has to”. Such acts can be treated as acceptance. The chance to disclaim is then gone, even though the period was still running. Until the decision is taken, everything stays where it is.
03
Forgetting to disclaim for the children
Parents think of themselves and overlook that, if they disclaim, the inheritance passes on to their children. Weeks later the same question is back on the table, now with approval proceedings and less time.
How I proceed
01
Clarify three points
When did you learn that you had been called to the inheritance, what is known about the assets and debts of the estate, and who else has been called alongside you.
02
Documents
For that I need the letter from the probate court, the death certificate, the will or the record of its opening where available, and a first overview of known accounts and liabilities.
03
Recommendation
Then there is a recommendation: disclaim, accept with limited liability, or first obtain information from a secure position for as long as the deadline allows.
04
Preparing the declaration
I prepare the declaration so that it can be filed in the required form with the competent probate court. Where necessary the route runs through a notary's office with a certified power of attorney.
A typical situation
01
A brother has died, three weeks of the deadline are left
A man learns of his brother's death, and the probate court informs him that he has become an heir by law. What is known is a tenancy agreement with arrears and an overdraft facility. Three weeks of the deadline remain. Here what can be secured within days is secured first.
Office in Cologne, competent probate court
You can reach me at Jakordenstrasse 8 in 50668 Cologne, and while a deadline is running by phone or video too, if an appointment in person no longer fits. The disclaimer is declared to the court in whose district the deceased last had their habitual residence (section 343(1) FamFG).
For an estate in Cologne that is the probate court at the Cologne Local Court. As a lawyer for inheritance law in Cologne I handle disclaimers for clients from Cologne and the surrounding area, from Bergisch Gladbach to Frechen, and throughout Germany as well, wherever the court happens to sit.
YOUR QUESTIONS
Frequently asked questions
Six weeks from the point at which you know of the death and of the grounds on which you are an heir (section 1944 German Civil Code). Where there is a foreign element, that is, the deceased's last residence abroad or your own stay there when the period begins, six months apply. What matters is your knowledge, not the date of death. If the deadline is getting tight, call rather than write.
Once the period expires the inheritance counts as accepted (section 1943 German Civil Code), and you are in principle liable for the estate's liabilities (section 1967). Two routes remain: limiting liability to the estate by way of an inventory, estate administration or estate insolvency proceedings, or challenging an acceptance that has taken effect on grounds of defective intent, for which section 1954 sets a period of six weeks from learning of the ground for the challenge.
I bill by time; my hourly rate is 280 euros plus 19% VAT, and the statutory fees under the German Lawyers' Fees Act (RVG) form the minimum. A straightforward disclaimer with a clear picture stays modest. An examination with an unclear estate, minor children and approval proceedings takes more time. Notary and court costs are additional; for a disclaimer they are usually low.
As an heir yes, in principle with your own assets as well (section 1967 German Civil Code). That is precisely the point of disclaiming: anyone who disclaims in time never becomes an heir and is not liable.
Doing nothing is not enough. Silence leads to acceptance once the period expires (section 1943 German Civil Code). Anyone who does not want to inherit has to disclaim expressly, in the prescribed form, to the probate court (section 1945). A message to the family or a phone call to the court is not enough. The declaration is short, but it has to be formally correct, otherwise it has no effect. Important: the declaration itself cannot be made to a lawyer. A disclaimer is declared to the competent probate court or to a notary.
Deadline checked, decision taken
If a deadline for disclaiming is running or has just expired, bring the letter from the probate court. In the initial consultation we clarify when the period began, where the decision stands and what the next step is. Appointments at Jakordenstrasse 8 in Cologne, by video or by phone.