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Inheritance liability and estate liabilities

With the acceptance of an inheritance, heirs or heirs enter into the debtor position of the deceased. In principle, they are also liable for the deceased's debts with their own assets.

However, they may limit their liability to the estate by opening the probate insolvency proceedings or by managing the estate. This requires an application.

The respective procedure separates the assets in your favour. Heirs and heirs are only liable for the inheritance's liabilities, but are then no longer entitled to the inheritance.

A further possibility of restriction arises from the so-called meagre objection of the heir. The condition is that the value of the estate is too small to cover the costs of probate insolvency proceedings.

However, heirs and heirs may lose this possibility of limitation of liability if they fail to fulfil their obligation to set up an inventory (drawing up a list of all estate items and assets) within the time limit.

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)

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