Inheriting does not mean picking the raisins out. Who inherits inherits everything. So assets and liabilities alike. You have no way of removing only the assets from the estate and “waiving” the debt. Why this is the case arises from the meaning and purpose of inheritance law.
As the heir, you are the legal successor to the testator
You will become heirs if you take up the legal succession or if the testator (that is the one who died) has been designated as an heir. You then automatically become the heir and thus the legal successor of the deceased. This means that you not only assume the assets, but also the entire debt and all other existing liabilities. You legally and de facto take the place of the testator.
Example: If the testator was the tenant of an apartment, you enter the tenancy as the subsequent tenant. If there are still rent debts or if the landlord claims an additional payment from a utility bill, you must personally pay for it. You are fully liable for all of your private assets. The creditor is entitled to your assets on the basis of an enforceable title in the amount of the corresponding claim.
Example: If the testator has ordered 10 boxes of red wine online from a mail order company and has not yet paid for them, you must inherit the invoice as heir. In the best case, you still have a right of cancellation, so that you could exceptionally cancel and cancel the purchase contract. If there is no right of withdrawal, the purchase contract is valid. You also cannot simply return the delivery. You would only have a right of withdrawal from the purchase contract if the delivery were defective and you could still assert the defect within the warranty periods. As the heir, you have assumed the legal position of the testator. You can only act within this legal position. Additional rights not available as heritage available.
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In the community of heirs, everyone is equal and obliged
If you are part of a community of heirs with several heirs, no heir alone can dispose of the estate. You can only act together. The liabilities affect all heirs. In relation to a creditor, each heir is solely responsible for the full liability. The creditor can therefore make full use of each individual heir. he takes, for example, you own claim and pay the liability that other heirs have to compensate you. You have a right to compensation or are served from the estate.
After the inheritance, the situation must be determined
As heir So you are well advised to determine, to the knowledge of the inheritance immediately (taking into account the situation of mourning), as the financial situation of the estate are designed. You have to compare the assets with the liabilities. In order to pay the liabilities, you may have to sell the assets. You must service the liabilities from the sales proceeds. If the assets are sufficient to pay the liabilities, you have no problems. However, if the assets are insufficient, you should exercise your right to refuse the inheritance.
Exercise right of right of rejection
You must exercise your right to reject the inheritance within six weeks of becoming aware of the inheritance. If you are abroad and only learn about the inheritance later, the period of refusal does not begin to run until this time. If you miss this deadline, you will automatically and permanently become heir. If you reject the inheritance, you are no longer entitled to a compulsory portion of the estate. With the rejection, the next legal heir comes into play. If all heirs in question reject the inheritance, the state ultimately takes its place. However, it does not assume any liabilities.
The rash must be declared to the probate court at the testator’s place of residence. It is not enough if you write a letter and explain it to want to refuse the inheritance. You must declare the rash personally to the registrar’s protocol at the probate court. Alternatively, there is the possibility to certify the rejection at a notary. The notary must send the certificate to the probate court within the six-week period. In this respect, it is important to make an appointment with the notary in good time.
Acceptance of inheritance is hostile
You also have no opportunity to inherit under conditions. So you can’t say you want to inherit if the assets exceed the liabilities or there are no liabilities. It is your job to check the circumstances. As a result of this test, you have to decide whether to accept or reject the inheritance.
Alternative options for action
When the inheritance occurs, the problem is often that the heir cannot reliably understand whether and to what extent the estate is actually over-indebted. You are often dependent on information from banks, insurance companies or authorities. In order to obtain information there, the certificate of inheritance is often required. If you apply for the inheritance certificate from the probate court, however, document that you want to take over the inheritance. By doing so, you waive the right to refuse.
If you are lucky, the testator has given you ” general authority beyond death “. They are then considered to be authorized to act for him. You then do not need a certificate of inheritance. If there is no such general power of attorney, you can only speculate about the estate situation.
If you have accepted the inheritance, you can only contest it in exceptional cases. The reason for contestation is that you were prompted to accept the inheritance by threat or deception or that the testator has imposed conditions that you cannot fulfill or can only fulfill in an unreasonable manner (for example, the continuation of a brothel).
One way out is to take up the legacy and to apply concurrently for probate the estate administration. The probate court then appoints a probate administrator to handle the inheritance. Your personal liability is excluded. If there is a surplus then you are entitled to this.
Alternatively, you can take over the inheritance and apply for bankruptcy if the debt is evident. Even then, the probate judge appoints a probate administrator to handle the inheritance. Your personal liability is limited to the inheritance. Your personal assets are left out.