Insolvenzverfahren (insolvency proceedings) - Conducting Nachlassinsolvenzverfahren (estate insolvency proceedings)

• Eligibility to apply • Eligible to apply are the heir or, in the case of a community of heirs (Erbengemeinschaft), each co-heir, as well as any creditor of the estate (Nachlassgläubiger), the estate administrator (Nachlassverwalter), the estate curator (Nachlasspfleger), or the executor (Testamentsvollstrecker). • As a general rule, there is no time limit on the admissibility of the application after the estate falls due (Erbfall). Only the estate creditor must submit their application within 2 years of accepting the inheritance. However, the heir must apply for the opening of estate insolvency proceedings (Nachlassinsolvenzverfahren) without delay after becoming aware of the insolvency or over-indebtedness. • Information about the deceased (Erblasser) In the application, state the name of the deceased, their date of birth and death, and their last place of residence. If known, also state the case reference number (Aktenzeichen) of the probate court (Nachlassgericht). • Information about the heirs As far as known to you, state in the application who has become the heir of the deceased and whether the inheritance has already been accepted or not. Please also state whether the right of inheritance is based on statutory succession or succession under a will. • Grounds for insolvency In the application you must state the grounds for insolvency (insolvency and/or over-indebtedness). • Credible demonstration (Glaubhaftmachung) The statements made in the application must be credibly demonstrated if you are a) a creditor of the estate, or b) a co-heir submitting the application on behalf of all heirs. • Claim Only the estate creditor must have a claim against the estate and credibly demonstrate it. • Inventory of the estate and list of creditors The application must be accompanied by an inventory of the estate's assets as well as a list of all creditors together with their claims. If you are unable to provide this information in full or in part, please state the reasons. If the applicant is an estate creditor, these inventories do not need to be attached.

• Antrag auf Eröffnung des Nachlassinsolvenzverfahrens (application for the opening of estate insolvency proceedings) There is no mandatory form for opening estate insolvency proceedings. You can use the application form (under "Formulare" [Forms]). Estate insolvency proceedings can only be opened upon application. • Grundlage der Erbenstellung (basis of heir status) As the applying heir, you must provide evidence of what your right of inheritance is based on (e.g. Erbschein [certificate of inheritance] or a will). • Nachweise der Gläubigerstellung (proof of creditor status) As a creditor, you must submit documents proving that you have a claim against the deceased (e.g. judgment, contracts) • Nachlassverzeichnis (inventory of the estate) • Gläubigerverzeichnis (list of creditors)

• Application for the opening of estate insolvency proceedings (Nachlassinsolvenzverfahren) (Justice Portal NRW) www.justiz.nrw/BS/formulare/insolvenz/eroeffnung_insolvenzve

Processing the application to open, and conducting, the Nachlassinsolvenzverfahren (estate insolvency proceedings) incurs fees that depend on the value of the estate (Masse) realized.

• Insolvenzordnung (InsO) (Insolvency Code) §§ 315 ff. www.gesetze-im-internet.de/inso/BJNR286600994.html#BJNR28660

In Berlin, the Amtsgericht Charlottenburg (Charlottenburg Local Court) has sole responsibility (Zuständigkeit) for handling estate insolvency proceedings (Nachlassinsolvenzverfahren). If the debtor in a consumer insolvency case that was not handled by the Amtsgericht Charlottenburg dies, the estate insolvency proceedings that automatically follow are also handled by the Amtsgericht Charlottenburg