If you as an heir prepare an estate register too late or not at all, you risk serious consequences. Courts can respond with fines and this is not an isolated case. Why the directory is so crucial and what is important in an emergency.
Obligation to be transparent
Those entitled to a compulsory portion have the right to know what belongs to the inheritance – and what does not. According to Section 2314 of the German Civil Code (BGB), heirs are obliged to create a complete estate register. This includes not only existing assets, but also debts, gifts and other asset transfers. The Federal Court of Justice has made it clear in several judgments that an incomplete or delayed list violates the legal right of those entitled to a compulsory share.
When a duty becomes a burden
In theory, an estate register initially seems like a bureaucratic formality. But practice shows that anyone who underestimates the requirements or reacts too late can be asked to pay by the courts. As an article by the German Press Agency reports, late submission can even result in a fine of up to 25,000 euros.
Anyone who doesn’t deliver pays
The coercive measures that courts can use are strict. These include fines, compulsory detention or, in extreme cases, the threat of administrative detention if the obligation to provide information is deliberately ignored. It doesn’t matter whether the violation occurred out of ignorance or for strategic reasons.
The thing with the shape
A point that is often underestimated is the way it is created. An estate directory cannot simply consist of an Excel list. It must be systematic, complete and truthful. In many cases, a notarial register of the estate is even required. This creates additional trust and prevents later disputes. Deutsches-erbenzentrum.de points out that account transactions over the last ten years must also be taken into account – an aspect that many heirs do not initially consider.
Editorial team finanzen.net