{"id":3880,"date":"2024-11-25T13:25:41","date_gmt":"2024-11-25T12:25:41","guid":{"rendered":"https:\/\/ra-cocron.de\/news\/who-will-inherit-my-debts-after-my-death\/"},"modified":"2026-01-31T09:38:33","modified_gmt":"2026-01-31T08:38:33","slug":"who-will-inherit-my-debts-after-my-death","status":"publish","type":"news","link":"https:\/\/ra-cocron.de\/en\/news\/who-will-inherit-my-debts-after-my-death\/","title":{"rendered":"Who will inherit my debts after my death?"},"content":{"rendered":"\n<p>An inheritance includes not only assets but also debts. Those who inherit should inform themselves early to avoid financial risks.<\/p>\n\n<p>When someone dies, their debts don&#8217;t automatically disappear; instead, they become part of the estate and can be passed on to the heirs. An inheritance can therefore include not only assets like cash, securities, or jewelry, but also liabilities.<\/p>\n\n<h2 class=\"wp-block-heading\"><strong>Transfer of debts to heirs<\/strong><\/h2>\n\n<p>In principle, assets and debts pass to the heirs through universal succession. This means that the heirs inherit not only the assets but also the debts of the deceased. Typical debts that can be inherited include:<\/p>\n\n<p>\u2022 Outstanding Invoices and Rent Liabilities<\/p>\n\n<p>\u2022 Tax debts<\/p>\n\n<p>\u2022 Credit debt<\/p>\n\n<p>\u2022 Claims for damages<\/p>\n\n<p>If spouses have, for example, drawn up a joint will, such as a &#8220;Berlin will,&#8221; the surviving spouse often becomes the sole heir\u2014and thus also responsible for any debts. Without a will, the statutory order of inheritance applies, under which spouses and children inherit jointly and are therefore jointly liable for debts.<\/p>\n\n<h2 class=\"wp-block-heading\"><strong>Options for heirs<\/strong><\/h2>\n\n<p><strong>Accepting an inheritance<\/strong><\/p>\n\n<p>If you accept the inheritance, you are liable for the debts with your entire personal assets. If there are multiple heirs, the heirs are jointly liable.<\/p>\n\n<p><strong>Reject inheritance<\/strong><\/p>\n\n<p>You can disclaim an inheritance if the estate is over-indebted. However, this applies to the entire estate, including sentimental value such as keepsakes. A disclaimer is only possible within six weeks of learning of the death. &#8221; <em>After this period, a disclaimer is no longer possible, especially if your actions constitute acceptance of the inheritance, for example, by accessing bank accounts,<\/em> &#8221; explains lawyer Istv\u00e1n Cocron.<\/p>\n\n<p><strong>Estate administration and estate insolvency<\/strong><\/p>\n\n<p>If the deadline for disclaiming an inheritance is insufficient to examine the estate, you can apply for estate administration. An estate administrator will then determine the extent of the assets and liabilities and ensure that debts are settled only from the estate. If debts remain, the heirs are no longer liable. Should the estate be insufficient to cover the debts, estate insolvency proceedings can be initiated, which are limited to the estate itself.<\/p>\n\n<p><strong>Planning for inherited debt<\/strong><\/p>\n\n<p>To protect heirs from unwanted debts, it is advisable to draw up a will in good time and clarify the order of inheritance. If there are high debts, an agreement to waive inheritance rights can be made with potential heirs.<\/p>\n\n<p><em>\u201cHeirs should know their rights and obligations and, if in doubt, seek legal advice in order to make the best decision for themselves,<\/em> \u201d said lawyer Cocron.<\/p>\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>An inheritance includes not only assets but also debts. Those who inherit should inform themselves early to avoid financial risks. When someone dies, their debts don&#8217;t automatically disappear; instead, they become part of the estate and can be passed on to the heirs. An inheritance can therefore include not only assets like cash, securities, or [&hellip;]<\/p>\n","protected":false},"featured_media":0,"parent":0,"template":"","news-kategorie":[30],"class_list":["post-3880","news","type-news","status-publish","hentry","news-kategorie-erbrecht"],"_links":{"self":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/news\/3880","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/news"}],"about":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/types\/news"}],"wp:attachment":[{"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/media?parent=3880"}],"wp:term":[{"taxonomy":"news-kategorie","embeddable":true,"href":"https:\/\/ra-cocron.de\/en\/wp-json\/wp\/v2\/news-kategorie?post=3880"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}