Inheritance Renouncement
Configuration
There can be good reasons, which one incurs by law or through testamentary disposition not to accept the intended inheritance. The classical case is the over-indebtedness of the estate. Here, often a whole chain of inheritance renouncements is required because in the place of the renouncing heir, substitute heirs like children's children or the heirs of a lower rank, for example, the parents of the testator take the place of the renouncing children. There is also the “tactical” inheritance renouncement, in which one not lastly for reasons of inheritance taxes, deliberately wants to jump a generation in the inheritance or the inheritance is to be distributed across several heads (For example: a grandfather passes away, and his not so young son renounces, and the son’s four children then inherit).
The inheritance renouncement is to be clarified before the court and requires official authentication. The statement is drafted by the notary. The normal six-week deadline for renouncement, should be noted in this context. We can also advise you on what needs to be done if this deadline has already passed.
If underage children are heirs, the inheritance is renounced by their parents as their legal representatives. If both parents have joint custody rights, the declaration must be made by both of them; the signature of only one parent is not adequate in this case!
Checklist
In the case of a renouncement of an inheritance, the notary will require the following documents or information:
- Full name, date of death, place of death and last place of residence of the testator? Please bring the certificate of death with you, if you have it in your documents.
- Full name, date of birth and address of the persons called as substitute heirs as a result of the renouncement.
Costs
Notary fees cannot be levied or negotiated at the will of the notary; they are strictly regulated by law. Decisive is the Court and Notary Fees Act that applies throughout federal territory. Therefore, the same fees are always charged by each notary for the same notarial activity.
The notarization fees are based on the so-called commercial value, and in the case of an inheritance renouncement, according to the testator’s net worth (market value of all estate asset objects less debts). The consultation is included in that. In addition, there are usually some additional small expenses for copies, postage and telephone as well as the statutory value-added tax.
Examples:
| Net worth: | € 0,00 | Net notary costs ca.: | € 30,00 |
| € 100.000,00 | € 140,00 |
