GermanyAm I liable for the deceased's debts as an heir?
Yes, as an heir in Germany, you are personally liable for the deceased's debts unless you disclaim the inheritance or limit liability through estate administration.
What the Law Says
German law imposes strict personal liability on heirs for the deceased’s debts — but provides clear legal tools to avoid or limit that exposure.
Under § 1967 of the German Civil Code (BGB), an heir automatically assumes full personal liability for all estate debts upon accepting the inheritance. This includes not only the deceased’s original debts (e.g., loans, unpaid taxes, medical bills), but also liabilities arising from the inheritance itself — such as forced share claims (Pflichtteilsrechte), legacies (Vermächtnisse), and conditions (Auflagen) imposed in the will.
Importantly, this liability is unlimited: creditors may pursue the heir’s personal assets — not just the inherited property — unless the heir takes proactive legal steps to limit exposure.
Statutory TextDer Erbe haftet für die Nachlassverbindlichkeiten.
— BGB § 1967 (1) — German Civil Code
Statutory TextZu den Nachlassverbindlichkeiten gehören außer den vom Erblasser herrührenden Schulden die den Erben als solchen treffenden Verbindlichkeiten, insbesondere die Verbindlichkeiten aus Pflichtteilsrechten, Vermächtnissen und Auflagen.
— BGB § 1967 (2) — German Civil Code
What Courts Have Said
The Bundesgerichtshof confirms that liability is automatic upon acceptance — but emphasizes that heirs retain strong procedural rights to cap their exposure.
An heir who accepts the inheritance is personally liable for all estate debts, but may limit liability by applying for estate administration (Nachlassverwaltung) or estate insolvency proceedings — both of which shield personal assets from creditor claims beyond the estate’s value.
What to Do
Decide within 6 weeks whether to accept or disclaim the inheritance — the deadline starts when you learn of your status as heir.
If you accept, immediately consult a notary or lawyer about applying for estate administration (Nachlassverwaltung) to limit liability to estate assets only.
Do not use estate assets or pay debts before clarifying your legal position — informal actions may be treated as acceptance.
If the estate is clearly insolvent, consider filing for estate insolvency (Nachlassinsolvenz) to discharge remaining debts legally.
Sources
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.