Disclaiming Inheritance: Template & Form

Why a simple letter is not enough

The Erbausschlagung is a legally constitutive act with far-reaching consequences. For this reason, the legislator has set strict formal requirements. § 1945 Abs. 1 BGB provides: the Ausschlagung (disclaimer of inheritance, § 1942 BGB) is made by declaration to the Nachlassgericht. It must be filed for the record of the Nachlassgericht or in publicly certified form.

This means: neither a letter nor an e-mail nor a fax is enough. Even a phone call to the court does not suffice. The Ausschlagung is formally invalid if these requirements are not met. As a result, the Erbschaft (inheritance) is treated as accepted.

Two routes to an effective Ausschlagung

Route 1: in person at the Nachlassgericht

You go personally to the Nachlassgericht and declare the Ausschlagung for the record. The Rechtspfleger (court officer) records your declaration in the file. You sign the record. The Ausschlagung is thereby effective.

Advantages:

• Cheapest option (30 EUR)
• Immediate effectiveness
• The Rechtspfleger checks the declaration for completeness

Disadvantages:

• You have to appear in person
• Scheduling at the Nachlassgericht (German probate court) can take time
• With a distant place of residence, the journey is significant

Route 2: notarised certification

You have your Ausschlagung declaration publicly certified by a Notar. The Notar confirms your identity and signature. The certified declaration is then sent to the competent Nachlassgericht.

Advantages:

• You can use any Notar in Germany
• More flexible scheduling than the Nachlassgericht
• Sensible if the competent court is far away

Disadvantages:

• Higher costs (from around 40 EUR, depending on the estate value)
• The declaration must arrive at the Nachlassgericht in time
• Factor in postal time (receipt at the court counts, not the dispatch date)

What the declaration must contain

Regardless of the route chosen, the Ausschlagung declaration has to contain certain information. If any of this information is missing, the court can reject the declaration.

Mandatory entries

• Your full name (first and family name)
• Your date of birth
• Your current address
• Name of the Erblasser (first and family name)
• Last domicile of the Erblasser
• Date of death of the Erblasser
• Your relationship to the Erblasser (e.g. son, granddaughter, niece)
• The express declaration that you disclaim the inheritance
• Place, date and your signature

Optional but recommended entries

• File reference of the Nachlassgericht (German probate court) (if known)
• Reference to the ground of appointment (statutory succession or Testament)
• Statement whether you act for yourself or as representative

Template wording for the Erbausschlagung

The following wording can be used as a basis. It must then be either notarised or declared at the Nachlassgericht for the record.

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To the Amtsgericht [place] Nachlassgericht

File reference: [if known]

Declaration of the Erbausschlagung

I, [first name surname], born on [date of birth], resident at [street, postal code, place], hereby disclaim the inheritance after [first name surname of the Erblasser], born on [date of birth], deceased on [date of death], last resident at [street, postal code, place of the Erblasser].

I am the [relationship, e.g. "son" / "granddaughter"] of the Erblasser (testator) and am appointed as [statutory Erbe / testamentary Erbe].

The Ausschlagung is made for myself [and for my minor children: name, date of birth — if applicable].

[Place], [date]

[Signature]

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Important: this template is a starting point. It does not replace notarised certification or the declaration for the record. Print it out and take it to the Notar (German civil law notary) or the Nachlassgericht (German probate court).

Costs of the Erbausschlagung

With an over-indebted or worthless estate, the Notar costs remain low. The minimum fee for certification is around 20 to 40 EUR. Added to that are expenses and VAT. Note that, alongside the Ausschlagung costs, Beerdigungskosten (funeral costs) despite the Erbausschlagung can also fall on you.

Tip: at 30 EUR the Nachlassgericht is the cheapest option. If you live close to the competent court, this route is recommended.

Finding the competent Nachlassgericht

Competent is the Amtsgericht at the last habitual residence of the Erblasser (testator) (§ 343 FamFG). Not the court at your own place of residence.

Example: the Erblasser lived in Frankfurt am Main. You live in Hamburg. Competent is the Amtsgericht Frankfurt am Main. However, you can file the declaration at any Amtsgericht for the record. That court forwards it to the competent court. The deadline is only met when the declaration arrives at the competent court.

How to find the right court

1. Research the last place of residence of the Erblasser
2. Find the competent Amtsgericht through the justice portal of your federal state
3. Call the office of the Nachlassgericht (German probate court) and ask for an appointment
4. Bring your identity card and the death certificate

Special cases

Ausschlagung for minor children

If you disclaim the inheritance, your children may step in as next Erben (heirs). For children under 18, you as legal representative also have to disclaim. This Ausschlagung requires the approval of the family court (§ 1643 Abs. 2 BGB).

Plan time for this. The approval procedure can take several weeks. The six-week deadline is not automatically suspended by the approval application.

Ausschlagung by an authorised representative

You can also have the Ausschlagung declared by an authorised representative. The power of attorney must be publicly certified. A private power of attorney is not enough.

Ausschlagung with a foreign connection

If the Erblasser had their last domicile abroad, special rules apply. The deadline extends to six months. The competent court is determined by the last domestic domicile or by the Amtsgericht Berlin-Schöneberg if there was no domestic domicile.

Common mistakes when filling in

1. Relationship forgotten: the court has to be able to check whether you are even entitled to inherit.
2. Wrong date of death: check the date against the death certificate.
3. Children not taken into account: if you disclaim, your children may inherit. You have to disclaim separately for them.
4. Deadline calculated wrongly: the deadline starts with knowledge, not with the day of death. Count exactly. If the deadline has already expired, read the guide Deadline missed: Anfechtung of the acceptance of the inheritance.
5. Postal time underestimated: with notarised certification, the declaration must arrive in time at the court. The dispatch date does not count.

Frequently asked questions

Can I disclaim the inheritance by e-mail?

No. § 1945 Abs. 1 BGB mandatorily provides that the Ausschlagung must be made for the record of the Nachlassgericht (German probate court) or in publicly certified form. A letter, an e-mail, a fax or a phone call to the court are not enough. If the formal requirement is not met, the Ausschlagung is ineffective and the Erbschaft (inheritance) is treated as accepted.

What does the Erbausschlagung at the Nachlassgericht cost?

The declaration for the record at the Nachlassgericht costs a flat 30 EUR (GNotKG KV 21201). That is the cheapest option. With the Notar (German civil law notary), costs start at around 40 EUR but can be considerably higher depending on the estate value. With an over-indebted or worthless estate, the Notar costs also remain low. Added to that in each case are expenses and VAT.

Do I need a lawyer for the Erbausschlagung?

In simple cases, no. You can submit the declaration personally at the Nachlassgericht or have it certified by a Notar. A lawyer is sensible in complex situations, for instance when minor children are affected (family court approval under § 1643 Abs. 2 BGB), with a foreign connection, or when it is unclear whether the Ausschlagung makes economic sense.

Can I undo the Ausschlagung?

Generally not. The Erbausschlagung is irrevocable under § 1943 BGB. An Anfechtung (challenge) is possible only in narrowly limited exceptional cases, for instance with a mistake about the ground of appointment or with fraudulent misrepresentation (§§ 119, 123 BGB). The Anfechtung deadline is six weeks from knowledge of the ground for challenge. An Anfechtung simply because of a misjudgement of the estate value is not possible.

What must be in the Ausschlagung declaration?

Mandatory entries are: your full name, date of birth and address, the name of the Erblasser with date of death and last domicile, your relationship to the Erblasser, and the express declaration that you disclaim the Erbschaft (inheritance). If any of this information is missing, the Nachlassgericht can reject the declaration. Recommended additionally are the file reference and the reference to the ground of appointment.

Next steps

Before the Ausschlagung, you should check whether it is actually the right decision in your situation. Read the detailed guide on Erbausschlagung for all aspects regarding deadlines, costs and consequences.

Use the Inheritance Navigator to create your personal checklist. Or arrange a first meeting to have the Ausschlagung professionally supported.

Further detail answers

• Disclaiming inheritance — Pillar: deadline, costs, process
• Disclaiming inheritance — who inherits then?
• Disclaiming inheritance — missed deadline, what to do?
• Disclaiming inheritance and Beerdigungskosten — who pays?
• Disclaiming inheritance costs — Notar, court, lawyer
• Disclaiming inheritance among siblings
• Topic hub: Disclaiming inheritance

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