Erbe ausschlagen (renouncing inheritance) — deadline, cost, consequences, strategy

6 weeks from knowledge of the Erbfall and the call to inherit (§ 1944 BGB). With cross-border elements the deadline extends to 6 months. The deadline only begins to run once you reliably know you have become an heir — for heirs moving up (through someone else's renunciation), a new own deadline begins.

30 EUR flat at the probate court, at the notary tiered by estate value from 60 EUR (small estate) to over 1,000 EUR (large estates). Plus optional lawyer advice of 100 to 500 EUR. With an insolvent estate, the small fee is one of the best investments — it often prevents five- to six-figure debt liability.

If you have children: your children (Repräsentationsprinzip, § 1924 (3) BGB). If you have no children: the other heirs of your order (Akkreszenz, § 1935 BGB). If these also renounce: the next order. Important: with an insolvent estate, ALL potential successors must renounce, otherwise the debt liability cascades through the generations.

You count as heir and are liable for all debts (§ 1943 BGB). Contesting the acceptance is only possible in narrow exceptions (error about material estate characteristics, threat). Anyone missing the 6-week deadline usually has to rely on further protection instruments (Nachlassinsolvenz, Dürftigkeitseinrede).

The Bestattungspflicht (statutory duty to bury) applies independently of the renunciation under state Bestattungsgesetze. Costs that exceed estate assets remain with the duty-bound family members — but they can recover them from the social-welfare office. The BGH (judgment 14.12.2011 — IV ZR 132/11) has confirmed this.

Yes, but the declaration must be made personally before the probate court (Nachlassgericht) or notarised (§ 1945 BGB). A simple written submission is not sufficient. The template defines content and structure — the form requirement, however, is firm and serves to prevent rushed decisions.