Inheritance Law - Disclaiming an Inheritance

• The renunciation deadline is six weeks. The deadline generally begins on the day on which you learn that you are to become an heir, and on what basis (will or inheritance contract, statutory succession, renunciation by heirs with priority). It does not matter how you learn of this. It makes no difference whether you have received a letter from the court. • However, if you are named as heir through testamentary succession, the deadline does not begin before the will/inheritance contract has been opened by the court. • If you only became an heir because a person initially named as heir renounced the inheritance, the deadline begins when you learn of that person's renunciation. • A declaration of renunciation made before a notary must reach the competent Nachlassgericht (probate court) before the renunciation deadline expires. • You must declare the renunciation for the record at the Nachlassgericht (probate court) or at the Amtsgericht (local court) responsible for your habitual residence within the renunciation deadline. If you book an appointment online, this appointment must fall within the six-week deadline. If no appointments are available, contact a notary or write to the Nachlassgericht (probate court). • A longer renunciation deadline applies if you are staying abroad. The renunciation deadline is six months if, at the start of the renunciation deadline, you were staying abroad, or if the deceased person's last habitual residence was abroad only. • Special rule for minor heirs If you do not have sole parental custody of your minor child or children, the person with joint custody must also renounce the inheritance for the child or children within the renunciation deadline. • Renunciation by only one parent is not valid.

• Declaration of renunciation of inheritance (Ausschlagungserklärung) • In writing, with signature certification by a notary (Notar/Notarin), then sent to the probate court (Nachlassgericht) (or submitted there in person) • or you go to the probate court and have your declaration of renunciation notarized there (declaration for the record, Erklärung zur Niederschrift) • If you are staying abroad, you can submit the renunciation with the help of a German foreign mission (Auslandsvertretung). A simple private written declaration is not sufficient. • Identity card or passport with registration certificate (Meldebescheinigung) You must present your identity card or passport with registration certificate to the notary and to the court. • Death certificate (Sterbeurkunde) (if available) Submission of the death certificate is not mandatory. If no death certificate is available, you must state the full name (including birth name), date of death, and last habitual residence of the deceased person. • Known information on other heirs Names, addresses and dates of birth of the other relatives of the deceased person (e.g. children, parents and siblings), as well as names, addresses and dates of birth of your own children. • Family court approval When renouncing the inheritance, you must state whether minor children are co-heirs. If applicable, approval from the family court (Familiengericht) is required (the probate court provides information on this). You must submit the application for family court approval of the renunciation of inheritance to the family court responsible for the child's habitual residence within the renunciation period. • Guardianship court approval If a legal guardian (Betreuer/Betreuerin) declares the renunciation, approval from the guardianship court (Betreuungsgericht) is required for this. The approval must be applied for at the guardianship court within the renunciation period.

• 30.00 Euro minimum fee (based on the value of the estate) • Additional costs for the notary (value-added tax and expenses)

• German Civil Code (Bürgerliches Gesetzbuch, BGB) §§ 1942–1957 www.gesetze-im-internet.de/bgb/BJNR001950896.html#BJNR001950 • Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) §§ 343, 344 www.gesetze-im-internet.de/famfg/BJNR258700008.html#BJNR2587 • Act on Court and Notary Costs in Matters of Non-Contentious Jurisdiction (GNotKG), Annex 1 (to § 3 paragraph 2), Schedule of Costs No. 21201 www.gesetze-im-internet.de/gnotkg/anlage_1.html

• Directory of locations and courts for determining responsibility (Justizportal [justice portal]) www.justizadressen.nrw.de/de/justiz/suche

Amtsgericht (Nachlassgericht) [local court (probate court)] • in whose district the deceased person had their last habitual residence (The decisive factor is the actual place of residence; it does not have to be identical with the last registered address.) Amtsgericht [local court] • in the district of your (the heir's) habitual residence Special cases • If the deceased person had no habitual residence in Germany at the time of death, the Amtsgericht responsible is the one in whose district the deceased person had their last habitual residence in Germany. • If the deceased person never had a habitual residence in Germany, the Amtsgericht responsible is the one in whose district the person making the declaration has their habitual residence.