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Schleswig-Holstein

Inheritance, Estate, Succession: Acceptance of inheritance

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

Inheritance or estate means all assets, including liabilities (debts), of a deceased person (deceased or deceased) transferred as a whole to one or more heiresses or heirs.

If someone dies and has not left an injunction for death (testament, inheritance contract), the legal succession occurs. It is based on the general notions of who should justifiably fall the assets of the deceased. In principle, the next of kin and the spouse or partner inherit (in the case of registered civil partnerships).

There is no reciprocal legal right of succession within non-marital partnerships. Therefore, if you want to use your partner as heir or heir, a death order is mandatory.

Relatives are classified as heirs or heirs by degree of kinship ("orders"). Those with the smallest atomic number inherit:

  • Heirs of the first order are the children of the deceased or, if they no longer live, their descendants (i.e. the grandchildren, if necessary great-grandchildren, etc. of the deceased).
  • Heirs of the second order are the parents of the deceased or, if they no longer live, their descendants (i.e. the siblings, if necessary nieces or nephews, etc. of the deceased).
  • Heirs of the Third Order are the grandparents of the deceased or the deceased and their descendants.
  • Heirs of the fourth order are the great-grandparents of the deceased or the deceased and their descendants.

If the deceased has been inherited jointly by several persons, the entire property shall be jointly entitled to the heirs or heirs (community of heirs). The individual heiresses and heirs can only have their total non-ideal share of the estate, but not "shares" in individual estate items such as accounts, securities, real estate, household property, etc. On the contrary, only all heiresses and heirs have joint access to individual estates.

Anyone who wants to prove his position as heir or heir requires a certificate of inheritance In individual cases, an injunction on the basis of death in publicly certified form together with the opening record of the Probate Court may suffice (for example, to correct the land register).

As heir or heir, you assume in principle all property rights and liabilities (debts) of the deceased. However, they are not obliged to accept an inheritance, but can also turn it down. Inheritance is only possible within a certain period of time: in principle, you must cancel the inheritance within six weeks of learning of it. In addition, since you must comply with certain formalities (the decision must be declared as a transcript of the Probate Court or certified in public), you should contact a notary or probate court.


Who should I contact?

To the Probate Court (District Court).

Legal basis

1922 et seq. and 1942 ff. Civil Code (BGB).

What else should I know?

Inheritance is subject to inheritance tax.

Author

The text was automatically translated based on the German content.

Who should I contact?

To the Probate Court (District Court).

Legal basis

1922 et seq. and 1942 ff. Civil Code (BGB).

What else should I know?

Inheritance is subject to inheritance tax.

Author

The text was automatically translated based on the German content.

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