Ordering the guardianship of an estate

• The creditor of the estate submits an informal application to the probate court for the establishment of a guardianship of the estate.
• The probate court examines whether the estate needs to be secured.
• If this is the case, the probate court will set up a guardianship of the estate. The probate administration ends when the need for security ceases, for example because an heir has been found.

The locally competent probate court. This is the local court in whose district the deceased had his/her last habitual residence.

• Federal and state justice portal - find the competent court

• Without the intervention of the competent authority, the preservation of the estate would be jeopardized.
• The heir is unknown.
• It is uncertain whether the heir will accept the inheritance.
• If the applicant is a creditor of the estate (the person who has outstanding claims against the deceased), he/she must demonstrate an interest in securing the estate. He/she must state the intention to assert a claim against the estate in court. For example, by presenting the rental agreement with the deceased.

The application for the establishment of a guardianship of the estate can be made informally.

The costs of the probate administration procedure are borne by the heir. The application for the establishment of a guardianship of the estate is free of charge.

An annual fee is payable for the administration of the estate in accordance with the German Court and Notary Costs Act (Gerichts- und Notarkostengesetz), which amounts to EUR 10 per EUR 5,000 or part thereof of the estate value, but at least EUR 200.

In addition, the guardian of the estate appointed by the court receives a fee. The amount is agreed individually.

• § Section 8 GNotKG - Due date of the costs
• GNotKG - List of costs

None

The application is processed immediately due to its urgency.

• § Section 1984 of the German Civil Code (BGB)
• §§ Sections 1960 ff BGB - Securing the estate

Over-indebted estate

If someone dies and leaves an over-indebted estate, a guardianship of the estate is not set up. It is not the court's task to settle debts with creditors.

The state does not pay any debts of the estate and does not cover any costs incurred by creditors.

14.08.2020