Disclaiming an inheritance: the home and household contents during the time limit and afterwards

What applies while you are deciding whether to disclaim?

On death, the deceased's property passes as a whole to the heir or heirs (section 1922 BGB). The inheritance passes to the appointed heir without prejudice to the right to disclaim it (section 1942 (1) BGB). Possession also passes to the heir (section 857 BGB). Under the assumptions of the example, the daughter has been appointed as statutory heir and is therefore already the heir before she has decided.

Anyone who has accepted the inheritance or lets the disclaimer period expire can no longer disclaim; when the period expires, the inheritance is deemed accepted (section 1943 BGB). The provision does not say through which conduct someone accepts.

For the time before the disclaimer, the law regulates three points (section 1959 BGB):

• Transactions for the estate: Anyone who conducts transactions for the estate before the disclaimer has, towards the person who becomes heir, the rights and duties of an agent acting without mandate (subsection 1).
• Dispositions of estate items: The effectiveness of the disposition is not affected by the disclaimer if the disposition could not have been postponed without disadvantage to the estate (subsection 2).
• Declarations made to you as heir: A legal transaction that must be made towards the heir as such remains effective after the disclaimer if it is made towards you before the disclaimer (subsection 3).

Before acceptance, a claim against the estate cannot be asserted in court against the heir (section 1958 BGB). This bar does not apply to an estate curator (Nachlasspfleger) (section 1960 (3) BGB).

Takeaway: During the time limit, you are acting in a home whose contents may belong to an estate that may later pass to someone else. If you conduct transactions for the estate there, you have, towards the later heir, the rights and duties of an agent acting without mandate.

May I enter the home before disclaiming?

The provisions read here do not answer this expressly. Section 1943 BGB attaches consequences to acceptance without saying which conduct counts as acceptance. Whether entering, securing, taking or realising items can be treated as acceptance therefore remains open here; case law has not been included in this article.

What can be documented is the distinction the law itself makes: transactions for the estate on the one hand, dispositions of individual items on the other. For dispositions, section 1959 (2) BGB names a condition under which the disclaimer does not affect their effectiveness.

Takeaway: The daughter in the example notes when she enters the home and what she does there, and postpones everything that can wait without disadvantage to the estate until she has decided.

Florian Enders on the home and household contents when disclaiming an inheritance

What happens to the tenancy?

When the tenant dies, the law provides a sequence:

• Entry of household members (section 563 BGB): The spouse or civil partner who maintains a joint household with the tenant enters into the tenancy on the tenant's death. If children of the tenant live in the joint household, they enter unless the spouse or civil partner enters. The same applies to other family members who maintain a joint household with the tenant and to persons who maintain a joint household with the tenant intended to be permanent.
• Declining to enter: If persons who have entered declare to the landlord within one month of learning of the death that they do not wish to continue the tenancy, the entry is deemed not to have occurred. For persons lacking legal capacity or with limited legal capacity, section 210 BGB applies accordingly; what follows from this for the time limit is not analysed here (section 563 (3) BGB). The landlord may terminate extraordinarily with the statutory notice period within one month of learning of the final entry if there is good cause in the person who has entered (section 563 (4) BGB).
• Several tenants (section 563a BGB): If several persons within the meaning of section 563 BGB are joint tenants, the tenancy is continued with the surviving tenants. They may terminate extraordinarily with the statutory notice period within one month of learning of the death.
• Continuation with the heir (section 564 BGB): If no one enters under section 563 BGB and the tenancy is not continued under section 563a BGB, it is continued with the heir. The heir and the landlord may then terminate extraordinarily with the statutory notice period within one month of learning of the tenant's death and that no entry or continuation has taken place.

What the disclaimer has to do with this: Section 563 BGB is linked to the joint household, not to the position as heir. The wording does not say whether a disclaimer affects the entry; that remains open. Section 564 BGB, by contrast, continues the tenancy with the heir. If the inheritance is disclaimed, the devolution to the person disclaiming is deemed not to have occurred, and it passes to the person who would have been appointed if the person disclaiming had not been alive at the time of the succession (section 1953 (1) and (2) BGB).

In the example, the father was the sole tenant and no one lived with him. The tenancy therefore continues with the heir under section 564 BGB. The one-month period for termination may expire before the daughter has decided whether to disclaim. Whether a termination by her would remain effective if she disclaims afterwards, and whether the termination itself can be treated as acceptance, is open.

Takeaway: Alongside the disclaimer period, note the one-month period that applies to you, and decide on a termination together with the question of disclaiming, not beforehand on the side.

What happens to the household contents?

Insofar as the household contents belonged to the deceased, they form part of the inheritance; possession of them passes to the heir under section 857 BGB. How this transfer of possession interacts with the retroactive effect of the disclaimer under section 1953 (2) BGB is not analysed here. There are two special rules for relatives.

The surviving spouse's Voraus

If the surviving spouse is a statutory heir alongside relatives of the second order or alongside grandparents, the spouse is entitled, in addition to the share of the inheritance, to the items belonging to the marital household, insofar as they are not accessories of a plot of land, and to the wedding gifts as the Voraus. If the spouse is a statutory heir alongside relatives of the first order, the spouse is entitled to these items only insofar as they are needed to run an appropriate household. The provisions on legacies apply to the Voraus (section 1932 BGB).

The wording presupposes that the spouse is a statutory heir. It does not answer whether the spouse keeps the Voraus after disclaiming; that remains open.

The Dreißigster

The heir is obliged to provide maintenance, to the same extent as the deceased did, during the first 30 days after the succession to family members of the deceased who belonged to the deceased's household at the time of death and received maintenance from the deceased, and to permit them to use the home and the household items. Both conditions must be met. The deceased may order otherwise by testamentary disposition; the provisions on legacies apply accordingly (section 1969 BGB).

The heir is the person obliged. Whether a relative who disclaims keeps the claim, and who fulfils it as long as no heir has been determined, is open here.

Takeaway: Anyone who lived with the deceased clarifies their rights to the home and household contents before declaring the disclaimer, because the wording does not secure whether they continue afterwards.

Who secures the estate if you do not want to act?

Until the inheritance is accepted, the probate court must provide for securing the estate insofar as there is a need. The same applies if the heir is unknown or if it is uncertain whether the heir has accepted the inheritance (section 1960 (1) BGB).

The probate court may in particular order (section 1960 (2) BGB):

• the affixing of seals,
• the deposit of money, securities and valuables,
• the preparation of an inventory of the estate,
• the appointment of an estate curator for the person who becomes heir.

In the cases of section 1960 (1) BGB, the probate court must appoint an estate curator if the person entitled applies for this in order to assert a claim against the estate in court (section 1961 BGB). This may, for example, be a landlord with such a claim.

Takeaway: Until acceptance, securing the estate lies with the probate court insofar as there is a need. Anyone who does not want to handle the home themselves can point the court to the estate's assets.

Do I have to clear the home after disclaiming?

After an effective disclaimer, the devolution to you is deemed not to have occurred (section 1953 (1) BGB). The heir is liable for the estate liabilities; besides the debts originating from the deceased, these include the liabilities incumbent on the heir as such (section 1967 BGB). A duty to clear the home as heir cannot be derived from this wording for someone who has effectively disclaimed.

Duties may, however, arise from a different position:

• You entered into the tenancy as a person within the meaning of section 563 BGB and did not decline the entry within the one-month period; for persons lacking legal capacity or with limited legal capacity, section 210 BGB applies accordingly.
• You were yourself a co-tenant, and the tenancy is continued with you under section 563a BGB.
• You conducted transactions for the estate before the disclaimer and therefore have, towards the later heir, the rights and duties of an agent acting without mandate (section 1959 (1) BGB).

What this position requires in detail, and who has to clear the home as long as no heir has been determined, is not analysed here.

If everyone disclaims: If no relative, spouse or civil partner of the deceased exists at the time of the succession, the federal state (Land) of the last residence inherits or, if this cannot be established, that of the habitual abode, and otherwise the Federal Republic (section 1936 BGB), and the state treasury (Fiskus) cannot disclaim an inheritance that has passed to it as statutory heir (section 1942 (2) BGB). Who inherits in detail after a disclaimer is covered by the guide Disclaiming an inheritance: who inherits then?.

What this article does not cover in depth:

• Burial: The heir bears the costs of the deceased's burial (section 1968 BGB). More on this in the guide Funeral costs despite disclaiming the inheritance.
• Debts: The heir's liability is limited to the estate if estate administration has been ordered or estate insolvency proceedings have been opened (section 1975 BGB). More on this in the guide Inheritance and debts.
• Missed time limit: Missing the disclaimer period can be challenged in the same way as acceptance (section 1956 BGB); a separate time limit applies to the challenge (section 1954 BGB). More on this in the guide Challenge after a missed time limit.
• Form: The disclaimer is made by declaration to the probate court, on the record of the probate court or in publicly certified form (section 1945 BGB). More on this in the guide Template and form for disclaiming an inheritance.

Takeaway: For the daughter in the example, the wording does not give rise to a duty to clear the home from her former position as heir. If she took on transactions for the estate beforehand, however, she may be bound towards the later heir.

Step by step through the disclaimer period

1. Record the start of the period: The disclaimer can only be made within six weeks (section 1944 BGB). The period starts when you learn of the devolution and the ground of your appointment; if you are appointed by a disposition mortis causa, not before the probate court has announced it. Sections 206 and 210 BGB apply accordingly to the running of the period; they are not analysed here.
2. Clarify foreign cases: Six months apply only if the deceased's last residence was solely abroad or you are abroad when the period starts.
3. Set the one-month periods alongside: declining the entry (section 563 (3) BGB, for persons lacking legal capacity or with limited legal capacity with corresponding application of section 210 BGB), termination by surviving tenants (section 563a (2) BGB) or, if the tenancy is continued with the heir, termination by the heir and the landlord (section 564 BGB). Each starts with the relevant person's own knowledge and may end before the disclaimer period.
4. Do only what is necessary in the home: Insofar as you dispose of an estate item, the effectiveness of the disposition is not affected by the disclaimer if it could not have been postponed without disadvantage to the estate. What applies otherwise, and whether necessary actions too can be treated as acceptance, is open. Note what you do and why.
5. Consider securing by the court: If there is a need, the probate court provides for securing the estate until acceptance (section 1960 BGB).
6. Decide and declare in due form: You declare the disclaimer to the probate court in the form of section 1945 BGB before the period expires.
7. Know what happens on expiry: When the period expires, the inheritance is deemed accepted (section 1943 BGB). What remains then is covered by the guide on the challenge linked above.

Takeaway: Anyone dealing with the deceased's rented home needs, in the calendar alongside the disclaimer period, the relevant one-month period from tenancy law as well.

Frequently asked questions

Does merely entering the home count as accepting the inheritance?

The provisions read here do not say so; section 1943 BGB regulates the consequence of acceptance, not the conduct through which it is made. The question therefore remains open. Limit visits to what is necessary and note what you do there.

May I sell furniture to cover running costs?

Insofar as the sale is a disposition of an estate item, its effectiveness is not affected by the disclaimer if it could not have been postponed without disadvantage to the estate (section 1959 (2) BGB). Whether the sale is such a disposition, what applies if the condition is not met, and whether it also counts as acceptance, is open.

Does the tenancy continue if I disclaim?

If no one from the household enters and the tenancy is not continued with surviving co-tenants within the meaning of section 563 BGB, it continues with the heir (section 564 BGB). After an effective disclaimer, the heir is the person to whom the inheritance passes under section 1953 (2) BGB. Whether a termination that you or the landlord declared beforehand remains effective is open.

I lived with the deceased. Am I a tenant despite disclaiming?

Under section 563 BGB, the spouse or civil partner who maintained a joint household with the tenant enters and, if that person does not enter, children living in the joint household, other family members with a joint household and persons with a joint household intended to be permanent. The provision is linked to this group of persons and the joint household, not to the position as heir; the wording does not say whether the disclaimer changes anything about this. As a person who has entered, you can declare to the landlord within one month of learning of the death that you do not wish to continue the tenancy, in which case the entry is deemed not to have occurred; for persons lacking legal capacity or with limited legal capacity, section 210 BGB applies accordingly.

Who looks after the home if no heir acts?

Until acceptance, the probate court provides for securing the estate insofar as there is a need, and may appoint an estate curator for this purpose (section 1960 BGB). The bar in section 1958 BGB does not apply to the estate curator, so claims against the estate can be asserted against the curator in court.

Sources, assumptions and open questions

• Sources: official versions on gesetze-im-internet.de, retrieved on 26 October 2026: sections 563, 563a, 564, 857, 1922, 1932, 1936, 1942, 1943, 1944, 1945, 1953, 1954, 1956, 1958, 1959, 1960, 1961, 1967, 1968, 1969 and 1975 BGB.
• Assumptions: German law applies. The example assumes intestate succession without a will, a daughter appointed as statutory heir, a rented flat with the father as sole tenant in which no one lived with him in his household, and an heir who is in Germany. For a house that the deceased had not rented, the rules on the tenant's death under sections 563 to 564 BGB do not apply; the rules on transactions before the disclaimer and on securing the estate, by contrast, relate to the estate as a whole. For successions that occurred longer ago, an older version may be decisive.
• Not analysed: case law, the provisions on agency without mandate, sections 206 and 210 BGB, tenancy-law return obligations outside sections 563 to 564 BGB, the jurisdiction of the probate court, state law and tax law.
• Open questions for advice:
  1. Which actions, for example entering, securing, looking through, taking, realising or clearing, can be treated as acceptance.
  2. Whether selling, giving away or throwing away things is in each case a disposition within the meaning of section 1959 (2) BGB, and what applies if the disposition could have been postponed without disadvantage to the estate.
  3. Whether a termination under section 564 BGB by the provisional heir is such a disposition and remains effective after the disclaimer.
  4. Whether the landlord's notice of termination falls under section 1959 (3) BGB.
  5. Whether the disclaimer affects the entry under section 563 BGB.
  6. What the corresponding application of section 210 BGB specifically means for the one-month period of section 563 (3) BGB for persons lacking legal capacity or with limited legal capacity.
  7. Whether the spouse who disclaims keeps the Voraus.
  8. Whether a relative who disclaims keeps the Dreißigster and who fulfils it as long as no heir has been determined.
  9. How the transfer of possession under section 857 BGB interacts with the retroactive effect under section 1953 (2) BGB.
  10. Who has to clear the home as long as no heir has been determined, and what the position of an agent acting without mandate requires in detail.
• Limits of advice: This article reproduces the statutory wording in general terms. It does not replace individual legal or tax advice and does not promise any particular outcome.

Next steps

Whether you should disclaim and what you do in the home until then depends on the specific estate. The first steps after a death are described in the guide What to do when someone dies. All articles on disclaiming can be found in the topic hub Disclaiming an inheritance. If you would like to discuss your situation within the running time limit, arrange an initial consultation.