The loss of a relative not only brings emotional stress, but also raises complex legal and financial questions. A headquarters are what happens to the debt of the deceased and what responsibility the heirs bear.
What happens to the debts in death?
In Germany, the principle of so -called overall law succession (§ 1922 BGB) regulates that with the death of a person not only the assets, but also all liabilities automatically transferred to the heirs. In doing so, they fully enter the legal position of the deceased person. This means that in addition to real estate, savings or valuables, loans, open invoices or other debts can also be part of the estate – a fact that is not aware of many.
Which types of debt can be inherited?
The debt is legally divided into three categories: Firstly, there are the testator debt – that is, those that the deceased has taken out during his lifetime, for example through installment loans or mortgages. Second, there are the so -called inheritance debts that arise from the inheritance itself. This includes, for example, compulsory portion claims or the payment of a legacy. And finally there are the so -called subsequent debt debts – i.e. those that arise from the administration or handling of the estate itself, for example by commissioning an expert or a lawyer.
How can you protect yourself from debt liability?
In view of this legal situation, the question arises for many how they can protect themselves from liability for debts in the event of liability. An obvious solution is the rating of the inheritance. This must be explained within six weeks of knowing the inheritance and your own inheritance position at the responsible probate court. With the rating, heirs completely do without the estate – including possible assets. Because a so -called “raisin picking”, in which you only take over the credit and reject the debts, is not permitted by law. Those who refuse are losing all rights to the estate, but they are not asked to checkout.
Property management and estate bankruptcy as alternatives
However, building expenses is not the only way to protect yourself from liability with your own assets. If it is unclear whether the estate is over -indebted or the assets may exceed the debt, a estate administration can be requested from the probate court. In this case, an estate administrator employed by the court takes over the proper handling of all liabilities. For debts, only the assets of the deceased are liable – the private wealth of the heirs remains protected. If there is still something of the estate after the debt has been paid, the remaining value will be paid out to the heirs.
However, if the estate is not sufficient to operate all claims, estate administration is no longer possible. Instead, only the initiation of a so -called estate insolvency procedure remains. Here, too, the creditors are operated evenly without the inheritance being adhering to his own assets. However, both procedures – administration such as bankruptcy – bring additional effort and costs. According to experts, such as lawyer Stephanie Herzog from the German Lawyers’ Association, the heir can rely on the so -called poor speech in cases where even these costs are not covered. Then he can manage the estate himself without having to pay for debts with his own money.
When does legal advice make sense
Since the legal situation can be complex and the consequences are far -reaching, heirs should examine the deceased’s financial situation at an early stage. With the first signs of possible over -indebtedness or uncertainties related to liability, it is advisable to use professional legal advice – ideally with specialist lawyers for inheritance law with specialization in liability. In this way, financial risks can be avoided and well -founded decisions can be made.
D. Maier / Redaktion Finanzen.net