Renouncing an Inheritance: The 6-Week Deadline and Consequences

At first glance, an inheritance sounds like a windfall-but what if the inherited house is worth less than the debt on it? Or what if an over-leveraged property in poor condition leaves the heirs personally liable? The law grants every heir the right to renounce the inheritance-subject to a strict deadline. In Roth, where existing properties often date from the 1950s and 1960s and renovation needs may coincide with existing debt, the 6-week deadline is a critical date-one that must not be missed.

Legal Basis: Sections 1942-1953 of the German Civil Code (BGB)

The right to renounce an inheritance is governed by Sections 1942-1953 of the German Civil Code (BGB). Basic principle: The inheritance is not automatically deemed accepted; rather, the heir has the right to choose between acceptance and renunciation. This right of choice is time-limited: According to § 1944 BGB, the renunciation period is 6 weeks from the time the heir becomes aware of the inheritance and the grounds for inheritance.

The basis for succession is crucial here: If someone is initially designated as a statutory heir and only learns weeks later that a will exists naming them as a testamentary heir, the 6-week period begins anew from the time they learned of the will. The probate court opens wills and notifies the parties involved-from this point on, the deadline for the beneficiaries named in the will begins to run.

Section 1945 of the German Civil Code (BGB) governs the form: The renunciation must be declared to the probate court-either in person for the record or in writing with a notarized signature. A mere private written declaration is invalid. The competent probate court for Roth is the Schwabach Local Court (jurisdiction for the Roth district according to the Bavarian court structure); the exact jurisdiction depends on the testator’s last place of residence.

Section 1943 of the German Civil Code (BGB) establishes the rule of consequence: If the heir misses the deadline for renunciation, the inheritance is deemed accepted-by operation of law, without the need for an express declaration of acceptance. From that moment on, the heir is liable for all estate liabilities-including those of which they were not yet aware.

Figures and Costs 2026: Renunciation and Its Consequences

Procedure	Legal Basis	Costs (Estimated 2026)
Declaration of renunciation recorded by the local court	§ 1945 BGB, GNotKG	€15-30 court fee
Notarization of the signature	GNotKG No. 25100	approx. €25-70
Acceptance by expiration of the deadline (automatic)	§ 1943 BGB	No fee - no action
Contestation of acceptance due to error	§§ 1954 ff. BGB	€15-75 court fee + attorney’s fees
Inventory of the estate (for limitation of liability)	§ 1993 BGB	approx. €300-600 court fee
Certificate of inheritance fee (estate value €200,000)	GNotKG	approx. €546
Real estate appraisal (for decision)	Expert’s fee	€1,000-2,500

Source: BGB §§ 1942 ff., GNotKG, Bavarian Justice Portal, Bavarian Chamber of Notaries, as of Q1/Q2 2026.

The crucial question before renouncing the inheritance: Is the estate insolvent? This requires an inventory - land registry extract (to view land charges and mortgages), bank statements, tax assessments, and a property valuation. Those inheriting in the Roth district can consult purchase price collections at the Schwabach/Roth Appraisal Committee or obtain a quick estimate from a local expert.

Practical Guide: Making a Decision in 6 Weeks - Step by Step

The 6-week deadline is short-especially if the inheritance comes as a surprise and the heirs do not live in the region. Heirs in Roth should obtain the following information during this time:

Step 1: Obtain a land registry extract. A current land registry extract must be requested from the Schwabach Land Registry Office (Schwabach Local Court). It shows which land charges or mortgages are encumbering the property, whether easements or encumbrances are registered, and what the exact ownership structure looks like. Authorized parties (e.g., heirs with a death certificate) can obtain an extract without a certificate of inheritance.

Step 2: Current property valuation.

> The valuation tool from leadmarkt.ch provides a quick estimate of the property value in Roth-this gives you a starting point for weighing debts against value in just a few minutes, before commissioning expensive appraisals.

Step 3: Research debts. Outstanding mortgages and land charges from the land registry extract can be compared with the current property value. In addition, there are other estate debts: bank liabilities, tax debts, and ongoing care cost bills. A preliminary estimate shows: If the debts exceed the total value of the estate, you should consider renouncing the inheritance.

Step 4: Timely decision and declaration. Anyone wishing to renounce the inheritance must declare this in person at the Schwabach Local Court or by submitting a notarized declaration. Those unable to appear in person should have the declaration notarized and submit it by certified mail with return receipt-the court must receive it within the 6-week deadline.

What happens after renunciation?

If the next eligible heir accepts the inheritance after renunciation, the situation is clear. It becomes more complicated if all potential heirs renounce the inheritance. In this case, the estate passes to the state treasury (Section 1936 of the German Civil Code, BGB)-the state becomes the heir. The Schwabach Local Court, as the probate court, and the Bavarian Ministry of Finance, as the court responsible for inheritance by the state, are then involved.

In the case of inheritance by the state, the Ministry of Finance may renounce the inheritance-but this rarely happens in practice, except when the estate is clearly overindebted and there are no options for liquidation.

For real estate, renunciation by all potential heirs means: The property comes under the administration of the tax authorities, is appraised, and is either liquidated or sold. Creditors are satisfied from the proceeds.

Challenging Acceptance: The Way Out After the Deadline Expires

Anyone who misses the 6-week deadline and has thus accepted the inheritance by operation of law is not entirely without recourse. Section 1954 of the German Civil Code (BGB) permits contesting the acceptance in the following cases:

• Error regarding the existence or content of a will (Section 1954(1)(1) BGB)
• Fraudulent misrepresentation or unlawful coercion (Section 1954(1)(2) BGB)

In practice, error regarding excessive indebtedness plays a particularly significant role: If the heir had no knowledge of substantial debts at the time the deadline expired (e.g., because the decedent concealed debts), they may contest the acceptance. The contestation period is also 6 weeks, beginning upon knowledge of the grounds for contestation.

Local Nuance: Real Estate in the Roth District - Typical Valuation Scenarios

The Roth district is located in the south of the Nuremberg metropolitan region and offers a mix of rural communities and residential areas close to the city. In 2026, real estate prices for single-family homes range from €280,000 to €450,000, and for condominiums from €2,200 to €3,200 per square meter.

Typical scenario in the Roth district: A single-family home from the 1960s, oil heating, no new roof, energy efficiency class G. The decedent had a remaining debt of €80,000 on the property. Renovation costs: €150,000-200,000 according to initial estimates. Market value in its current condition: €280,000. Net estate value after debts: approx. €200,000 - the heir has assets, but the renovation makes the inheritance complex.

Alternative scenario: A house with negative equity (value €200,000, debt €260,000). In this case, renouncing the inheritance must be seriously considered-the heir would be personally liable for the additional €60,000 in debt from their own assets.

Conclusion for Heirs in Roth

The 6-week deadline leaves little time. Anyone who inherits should immediately begin taking stock: land registry, debts, property value. Only then can a rational decision for or against renouncing the inheritance be made. Professional assistance from a notary or an advisor specializing in inheritance law is recommended if the estate is complex.

For a quick valuation of the inherited property, the valuation tool from leadmarkt.ch offers a data-driven initial guide-before commissioning expensive appraisals.

Limitation of Liability as an Alternative to Renunciation

Those who do not wish to renounce the inheritance but want to limit their liability have other options:

Inventory of the estate (Section 1993 BGB): Within three months of becoming aware of the inheritance, the heir may apply to the probate court for an inventory of the estate. Until the inventory is completed, the heir is not liable for estate debts with their personal assets, but only with the estate itself.

Estate administration (Section 1975 BGB): The heir may apply for estate administration-in which case an estate administrator manages the assets, and creditors are satisfied exclusively from the estate. This protects the heir from personal liability.

Estate Insolvency: If the estate is insolvent, the heir (or any estate creditor) may apply to open estate insolvency proceedings. In insolvency proceedings, all creditors are satisfied equally from the estate’s assets.

These alternatives are relevant when the property is encumbered by debt but still has a positive net value overall-renouncing the inheritance would then amount to giving away valuable assets.

Renunciation of Inheritance and Its Effect on Claims to a Statutory Share

Anyone who renounces an inheritance loses their right to inherit-but not automatically their claim to a statutory share. The statutory share is a legal claim for monetary payment against the heirs and arises when someone is excluded from the line of succession by a will or inheritance contract.

If a child renounces the inheritance, they are treated as if they had not experienced the opening of the estate (Section 1953 BGB). They are then no longer an heir and lose their claim to a statutory share (Section 2303(1) sentence 1 BGB: A statutory share is only due to statutory heirs who have been excluded from the succession). In the case of intestate succession-that is, when there is no will-renunciation is therefore final: one renounces the inheritance and receives no statutory share.

If, however, no child takes their place (because the renouncing child has no children of their own or because the descendants also renounce), the estate may pass to the tax authorities.

Tax Consequences of Renunciation

An often-overlooked aspect: If an heir renounces the inheritance and the estate passes to another person (e.g., a sibling), the recipient is liable for inheritance tax-subject to the applicable tax exemptions and tax brackets. The renouncing child owes no inheritance tax.

In the case of an over-indebted property that passes to the tax authorities, the tax authorities do not pay inheritance tax. In the case of a property that passes to a sibling due to the renunciation, the normal exemption of 400,000 euros (for children) applies to the sibling, along with the same tax bracket as for a direct acquisition from the decedent.

In Roth, it may therefore make strategic sense to structure the renunciation not only for liability reasons but also for tax considerations-e.g., if a sibling has a higher tax-free allowance or if the property passes to them more favorably through renunciation.

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Prepared by the my-home.de editorial team in collaboration with regional real estate analysts. Data as of: Q1/Q2 2026.