Turning down inheritance is one way to free oneself from the duties and responsibilities that come with inheritance. But can you also avoid the funeral expenses?
If you refuse the inheritance, this does not automatically mean that you are exempt from the costs of the funeral. Because the funeral expenses are part of the estate’s liabilities and must be paid in any case.
Transfer according to succession
If an heir refuses the estate, it is transferred to the next person in the line of succession. This person then also assumes responsibility for the estate’s liabilities, including funeral expenses.
However, if all potential heirs renounce the inheritance, an executor is appointed to administer the estate and pay the debts, including funeral expenses.
This is how you turn down the inheritance
Anyone who wants to turn down their inheritance because of funeral expenses or for other reasons has six weeks to do so – from the time they found out about the inheritance. To do this, he must submit a written declaration to the probate court.
However, if the heir does not manage to object within the legal obligation, the inheritance automatically passes to him. There is usually no reminder from the court because, unlike the heir, it is not obligated to deliver.
Settlement of costs via inheritance
Note that funeral expenses are usually paid from the estate first, before the remainder of the estate is divided among the heirs. If the estate is not sufficient to cover the funeral expenses, the heirs usually do not have to pay for them personally. Unless they ordered the funeral and agreed on the cost.
Who pays the funeral expenses
Turning down the inheritance does not mean that you are automatically exempt from funeral expenses. Funeral expenses are part of the estate’s liabilities and must be paid in any case, either by the estate or by the heirs if the estate’s assets are insufficient.
The state only covers the funeral costs if all those entitled to heirs refuse the inheritance and are also unable to bear the costs.
