In one sentence
Anyone who does not disclaim an over-indebted inheritance within six weeks has accepted it — and is then in principle liable for the debts of the estate with their own assets as well.
Doing nothing is already the decision
An inheritance does not have to be accepted — it passes to you by operation of law (§ 1942 BGB). There is no application and no form. Once the period for disclaiming (Ausschlagung) has run out, the inheritance is deemed accepted under § 1943 BGB — finally. Anyone who leaves the letter from the Nachlassgericht (probate court) lying because they first want to get the situation straight has therefore already made the decision.
The six weeks begin later than many people think
The period does not run from the date of death. It begins only once you have knowledge of the devolution of the inheritance and of the ground on which you are entitled (§ 1944 Abs. 2 BGB) — that is, also of whether you are called by statute or by will. Where there is a will, it does not begin before the will is opened.
It extends to six months if the deceased had their last place of residence solely abroad, or if you are abroad when the period begins (§ 1944 Abs. 3 BGB). Whether that holds in your case depends on details of the stay.
The form: an email is worthless
The disclaimer takes effect only vis-à-vis the Nachlassgericht — recorded by the court or in publicly certified form, in practice therefore through a notary (§ 1945 BGB). An informal letter or a refusal addressed to the family changes nothing. And the declaration must reach the court within the period — appointments should be arranged early enough.
Who inherits after you — often your own children
Disclaiming does not make the estate go away, it moves it on. The inheritance passes to whoever would be entitled if you had not been alive at the time of death (§ 1953 BGB) — very often, therefore, to your own children or grandchildren, for whom a fresh period then begins. For a minor child, approval by the family court is as a rule required; exceptions apply to the special case in which the child only becomes entitled through the parents’ disclaimer. The rules were recast with the 2023 reform of guardianship and care law — that belongs before a lawyer.
If the position is unclear: limit liability rather than give it up
Disclaiming is not the only answer to uncertainty — and it is the most expensive one if the estate turns out to have had value after all. The law provides routes for limiting liability to the estate:
- Nachlassverwaltung or Nachlassinsolvenz (administration or insolvency of the estate, §§ 1975, 1981 BGB) — the estate is wound up separately, your own assets stay outside it.
- Dürftigkeitseinrede (defence of an insufficient estate, § 1990 BGB), where the estate is too small for orderly proceedings.
- Dreimonatseinrede (three-month defence, § 2014 BGB) — creditors can initially be turned away until you have an overview.
All of them presuppose that no mistakes have been made in administering the estate. Which route fits is decided by the actual figures.
If the period has passed after all
That is not necessarily the end of it: acceptance can be challenged where there was a mistake (§ 1954 BGB), likewise within six weeks of learning of the ground for the challenge. The case law lets a mistake about the composition of the estate suffice under narrow conditions — a mere mistake as to value is predominantly not enough. A field for review by a lawyer, not something that runs by itself.
Where the software stops
A platform can make the running of the period comprehensible, sort documents and prepare a request for information addressed to banks or creditors. It cannot establish what debts are hidden in the estate, and it cannot declare the disclaimer for you — that requires the Nachlassgericht or a notary. Where the financial position is unclear, where there is a foreign element and where minors are affected, the case belongs in a lawyer’s hands; we name our limits openly.
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