Inherited debts: what heirs are liable for and how to limit it

Checked on 05.11.2026

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

With the house come the loan, the care home's open invoice and the letter from the tax office. Whoever inherits, inherits both. But the law provides ways to limit liability to what the estate yields.

What generally applies

Heirs are liable for the estate's debts (§ 1967 BGB). These include the deceased's debts and what arises from the death: compulsory shares, legacies, the funeral costs (§ 1968 BGB).
Several heirs are liable jointly, as joint debtors (§ 2058 BGB). A creditor can turn to any of them.
Until the division, however, each co-heir can refuse to pay estate debts from their own assets (§ 2059(1) BGB). The creditor can turn to the undivided estate.

Which ways the law provides

Rejecting, within six weeks. Then one never became an heir. More in Rejecting an inheritance.
Three months' delay. In the first three months after acceptance the heir can refuse to pay estate debts (§ 2014 BGB). That gives time for an overview.
Estate administration or estate insolvency. If either is ordered, liability is limited to the estate (§ 1975 BGB). One's own assets stay out of it.
If the estate is not even enough for that, the heir can refuse payment insofar as the estate is insufficient, and must then hand it over to the creditors (§ 1990 BGB).

A duty many do not know

If an heir learns that the estate is insolvent or over-indebted, they must apply for estate insolvency proceedings without delay. If they do not, they are liable to the creditors for the resulting damage (§ 1980 BGB). Negligent ignorance counts as knowledge. Leaving reminders unopened does not protect anyone.

What helps

A list of debts, with proof. Loan, overdraft, open invoices, taxes, care home costs, funeral. Creditor, amount, date.
Next to it, what there is. Only both together show whether the estate is enough.
Pay nothing out of your own pocket without recording it. Whoever pays for the estate notes amount, date and receipt.
Ask early. The ways to limit liability have conditions and periods. Which one is open in your case is for a lawyer or the probate court to assess.