Disclaiming an inheritance: what happens to the household contents?

Published by Adrian Vogel · Reading time: approx. 4 minutes · As of: November 2026 · Jurisdiction: Germany

Someone has died, and along with the grief comes the post: bills, a letter from the local court, perhaps a reminder. Soon the question arises whether you want to accept the inheritance at all. And right after it the next one: what becomes of the flat, the sofa, the crockery and the photo albums if you disclaim?

Before you read on: This post is not legal advice. It describes the general situation in Germany. Your own case is something to clarify with the probate court, a notary or a lawyer specialising in inheritance law.

What does "disclaiming" mean?

Disclaiming means: you say no to the inheritance. To the whole inheritance. You cannot keep the car and turn down the debts. Legally, you are then treated as if you had never been an heir (§ 1953 BGB).

Many people disclaim because they fear debts. Whoever inherits also takes over the deceased's unpaid bills and loans.

How much time do you have?

As a rule, six weeks. The period starts on the day you learn that you are an heir. Usually that is the day you learn of the death. If there is a will, it starts at the earliest with the letter from the probate court. It is six months if the deceased last lived only abroad, or if you were abroad when the period began (§ 1944 BGB). If you let the period pass, the inheritance counts as accepted.

Work out your date right here. Enter when you found out. The calculator shows you the last day to disclaim and how many days you have left. Nothing is saved.

What happens to the household contents?

If you disclaim, nothing from the estate belongs to you. Furniture, clothes, jewellery, the car and keepsakes pass, together with money and debts, to the person who inherits next. That is often your own children. A period of their own then runs for them. If they are minors, both parents with custody must disclaim on their behalf. A disclaimer by only one parent is not enough (Service Berlin).

If everyone disclaims, the state inherits in the end (§ 1936 BGB). It cannot refuse, but it does not pay the debts out of its own pocket (Verbraucherzentrale).

Two things surprise many people:

• What you have taken, you give back. That includes the wristwatch or the photo album you already took home. If you would like to keep a keepsake, ask the person who inherits after you.
• What is yours stays yours. If you lent the deceased something, say a cordless drill, it is not part of the estate. It helps if you can show that, for example with the receipt.

What may you do until you have decided?

This is the biggest trap. Taking items from the estate, selling them, giving them away or throwing them out can show that you accept the inheritance. Lawyers call this acceptance by conduct: you say nothing, but your actions speak for you (Justice portal NRW). Then disclaiming may no longer be an option.

These, on the other hand, leave the estate as it is:

• taking photos and videos of the rooms
• listing things without taking them
• going through post, bank statements and contracts
• noting debts and running costs

Even with things that cannot wait, such as a full fridge or a dripping pipe, ask the probate court beforehand if in doubt. It can also have the estate secured itself, for example by an estate curator (§ 1960 BGB).

Is the inheritance worth it? Get the overview before you decide

Whether you accept or disclaim is easier to decide with a list: what is there, and what stands against it? On one side go accounts, the car, valuables and household contents. On the other, unpaid bills, loans and the cost of the funeral.

With household contents, a sober look pays off. Used furniture usually fetches less than you would think. Single pieces can surprise you, though, such as silver cutlery, jewellery or a coin collection. How to estimate their value is explained in Finding out what things are worth.

This is exactly where OWNAMIC helps. You film the home room by room. OWNY, the AI assistant, recognises up to 40 things per video and gives a reference value. You photograph bank statements, loan agreements and bills as well. That puts assets and debts on one list. Co-heirs see it in a Shared Space but cannot change anything. For the notary or the probate court, the list is available as a PDF. And everything stays where it is: you have taken nothing.

Prefer to start on paper? On the estate page you will find a sample estate inventory and a blank template to download, free and without an account.

How to disclaim

• Where: at the probate court (Nachlassgericht). That is the local court for the deceased's last place of residence. You can also make the declaration at the local court where you live.
• How: in person, recorded by the court, or with a declaration certified by a notary (§ 1945 BGB). A simple letter is not enough.
• When: the declaration must reach the court before the period ends. Appointments are often scarce, so see to it early.
• What it costs: the fee depends on the value of the estate. It is at least 30 euros, even if there are only debts (Justice portal NRW).
• What to bring: your ID, the death certificate if you have it, and the names and addresses of the other relatives.

The overview is not enough for a clear decision? There are also ways to limit liability to the estate, such as estate administration (Nachlassverwaltung). The Verbraucherzentrale explains them. Get advice on this before the period runs out.

Read on: Clearing your parents' home with siblings · Shared Spaces · Value loss without papers

Sources

• § 1944 BGB, period for disclaiming: https://www.gesetze-im-internet.de/bgb/__1944.html
• § 1945 BGB, form of the disclaimer: https://www.gesetze-im-internet.de/bgb/__1945.html
• § 1953 BGB, effect of the disclaimer: https://www.gesetze-im-internet.de/bgb/__1953.html
• § 1936 BGB, statutory inheritance by the state: https://www.gesetze-im-internet.de/bgb/__1936.html
• § 1960 BGB, securing the estate, estate curator: https://www.gesetze-im-internet.de/bgb/__1960.html
• Verbraucherzentrale: Erbe ausschlagen – das müssen Sie wissen (as of 13 January 2025, in German): https://www.verbraucherzentrale.de/wissen/geld-versicherungen/kredit-schulden-insolvenz/erbe-ausschlagen-das-muessen-sie-wissen-32411
• Justice portal NRW: Ausschlagung (form, period, minimum fee; in German): https://www.justiz.nrw/BS/recht_a_z/A/ausschlagung/index.php
• Justice portal NRW: Erbannahme (acceptance by conduct; in German): https://www.justiz.nrw/BS/recht_a_z/E/Erbannahme/index.php
• Service Berlin: Ausschlagung der Erbschaft (documents, fees, minor children; in German): https://service.berlin.de/dienstleistung/326768/

Periods and rules depend on the individual case. The information reflects the general position as of November 2026.