Rejecting an inheritance: period, form and what happens next

Checked on 05.11.2026

Translated from German. Where anything differs, the German text counts: Deutsche Fassung

You fear there are debts, or you want nothing to do with the estate. Rejecting the inheritance is possible, but time is short and a letter is not enough.

What generally applies

The period: six weeks. It begins as soon as you know that you inherit and on what ground, by law or by will (§ 1944 BGB). If there is a will, it does not begin before the probate court has notified you of it.
Six months apply if the deceased's last residence was only abroad, or if you are abroad when the period begins.
The form. The rejection is declared to the probate court: there, on record, or in publicly certified form, that is through a notary (§ 1945 BGB). A simple letter or an e-mail to the court is not a rejection.
Which court. The probate court of the deceased's last place of residence is responsible. The probate court at your own place of residence also accepts the declaration and forwards it (§ 344(7) FamFG).
All or nothing. A rejection subject to a condition is void, and rejecting only part is not possible (§§ 1947, 1950 BGB).

When it is too late

Whoever has accepted the inheritance can no longer reject it. Once the period has passed, the inheritance counts as accepted (§ 1943 BGB). Acceptance can also happen by conduct, for example by disposing of estate items like an owner. Organising the funeral or securing the flat is not, in itself, acceptance.

An acceptance or rejection can be contested under narrow conditions, for example for a mistake. A six-week period applies to this too, from the moment one knows the ground (§ 1954 BGB). Whether there is a ground is a question for a lawyer.

What happens next

Whoever rejects is treated as if they had not been alive at the time of the death. The inheritance passes to the person who would then be next in line (§ 1953 BGB). Often these are one's own children. They have their own period and must reject themselves.

For minor children the parents declare the rejection. If the child inherits only because a parent rejected, approval of the family court is usually not needed; it is different if the parent was called alongside the child (§ 1643(3) BGB).

What it costs

The certification incurs a fee based on the value of the estate, at least €30 (no. 21201 of the schedule of fees of the GNotKG).

What helps

Note the day you found out. And how: a call, a letter from the court, a conversation. The start of the period depends on it.
An overview before you decide. Bank statements, contracts, reminders, land register. You obtain information against the death certificate and proof that you may be an heir.
Inform the others. Whoever would be next after you should know that you are rejecting.
Know the alternative. Whoever does not reject may be able to limit liability to the estate. More in Inherited debts.