1973
=U4= Sec1993 -- Section 1993 Filing of an inventory
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=S=> BGB 1993 The heir is entitled to file a list of the estate ( inventory ) at the probate court ( filing of an inventory ) .
=U4= Sec1994 -- Section 1994 Inventory period
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=S=> BGB 1994. 1 On the application of a creditor of the estate , the probate court must fix a period ( inventory period ) for the heir to file the inventory . After the expiry of the period , the heir has unlimited liability for the obligations of the estate , unless the inventory is filed before this .
=S=> BGB 1994. 2 The applicant must credibly establish his claim . The effectiveness of the fixing of the period is unaffected if the claim does not exist .
=U4= Sec1995 -- Section 1995 Length of the period
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=S=> BGB 1995. 1 The inventory period should be at least one month and at most three months . It begins on the service of the order setting the period .
=S=> BGB 1995. 2 If the period is fixed before the acceptance of the inheritance , it begins only on the acceptance of the inheritance .
=S=> BGB 1995. 3 On the application of the heir , the probate court may , at its discretion , extend the period .
=U4= Sec1996 -- Section 1996 Fixing a new period
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=S=> BGB 1996. 1 If the heir has been prevented without his own fault from filing the inventory in good time , from applying for the extension of the inventory period where this is justified in the circumstances or from observing the two-week period specified in subsection 2 , then on his application the probate court must fix a new inventory period for him .
=S=> BGB 1996. 2 The application must be made within two weeks after the removal of the obstacle and at the latest before the expiry of one year after the end of the period first fixed .
=S=> BGB 1996. 3 Before the decision , the creditor of the estate on whose application the first period was laid down should be heard if appropriate .
=U4= Sec1997 -- Section 1997 Suspension of the expiry of the period
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=S=> BGB 1997 The running of the inventory period and of the period of two weeks fixed in section 1996 ( 2 ) are governed by the provisions applying to limitation in section210 with the necessary modifications .
=U4= Sec1998 -- Section 1998 Death of the heir before expiry of the period
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=S=> BGB 1998 If the heir dies before the expiry of the inventory period or of the period of two weeks fixed in section 1996 ( 2 ) , the period does not end before the expiry of the period laid down for disclaimer of the inheritance of the heir .
=U4= Sec1999 -- Section 1999 Notice to the court
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=S=> BGB 1999 If the heir is subject to parental custody or to guardianship , the probate court should notify the family court of the fixing of the inventory period . If the matter relating to the estate falls under the tasks of a custodian , the family court is replaced by the custodianship court .
=U4= Sec2000 -- Section 2000 Ineffectiveness of the fixing of the period
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=S=> BGB 2000 The fixing of an inventory period becomes ineffective if administration of the estate is ordered or estate insolvency proceedings are instituted . During the period of the administration of the estate or of the estate insolvency proceedings , an inventory period may not be fixed . If the estate insolvency proceedings are terminated by distribution of the insolvency estate or by an insolvency plan , the filing of an inventory is not necessary in order to avoid unlimited liability .
=U4= Sec2001 -- Section 2001 Contents of the inventory
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=S=> BGB 2001. 1 The inventory should state in full the objects of the estate that are in existence at the date of the devolution of the inheritance and the obligations of the estate .
=S=> BGB 2001. 2 In addition , the inventory should contain a description of the objects of the estate , to the extent that such is necessary to assess the value , and a statement of the value .
=U4= Sec2002 -- Section 2002 Preparation of the inventory by the heir
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=S=> BGB 2002 The heir must call in a competent authority or a competent official or notary for the preparation of the inventory .
=U4= Sec2003 -- Section 2003 Official preparation of the inventory
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=S=> BGB 2003. 1 On the application of the heir , the probate court must either prepare the inventory itself or entrust the preparation to a competent authority or a competent official or notary . The filing of the application preserves the inventory period .
=S=> BGB 2003. 2 The heir is obliged to give the information that is necessary for the preparation of the inventory .
=S=> BGB 2003. 3 The inventory is to be filed at the probate court by the authority , the official or the notary .
=U4= Sec2004 -- Section 2004 Reference to an existing inventory
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=S=> BGB 2004 Where an inventory complying with the provisions of sections 2002 and 2003 is already at the probate court , it is sufficient if the heir , before the expiry of the inventory period , declares to the probate court that the inventory is to be deemed to have been filed by himself .
=U4= Sec2005 -- Section 2005 Unlimited liability of the heir if the inventory is incorrect
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=S=> BGB 2005. 1 If the heir intentionally causes a substantial incompleteness of the statement of objects of the estate contained in the inventory , or if , with the intention to disadvantage the creditors of the estate , causes a non-existent obligation of the estate to be included , he has unlimited liability for the obligations of the estate . The same applies if , in the case of section 2003 , he refuses to give the information or intentionally delays to a substantial degree in giving it .
=S=> BGB 2005. 2 If the statement of the objects of the estate is incomplete but this is not a case of subsection ( 1 ) , a new inventory period may be fixed for the heir to complete the statement .
=U4= Sec2006 -- Section 2006 Declaration in lieu of an oath
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=S=> BGB 2006. 1 At the request of a creditor of the estate , the heir must make a declaration in lieu of an oath , to be recorded by the probate court , that to the best of his knowledge he has stated the objects of the estate as fully as he can .
=S=> BGB 2006. 2 Before filing the declaration in lieu of an oath , the heir may complete the inventory .
=S=> BGB 2006. 3 If the heir refuses to make the declaration in lieu of an oath , he has unlimited liability to the creditor who made the application . The same applies if he appears neither at the hearing nor at a new hearing fixed at the application of the creditor , unless there is a reason that sufficiently justifies his non-appearance at this hearing .
=S=> BGB 2006. 4 The same creditor or another creditor may request the declaration in lieu of an oath to be made again only if there is reason to assume that the heir learnt of the existence of further objects of the estate after making the statutory declaration .
=U4= Sec2007 -- Section 2007 Liability in the case of more than one share of the inheritance
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=S=> BGB 2007 If an heir is entitled to more than one share of the inheritance , his liability for the obligations of the estate with regard to each of the shares of the inheritance is determined in the same way as if the shares in the inheritance belonged to different persons . In the cases of accrual and of section 1935 , this applies only if the shares of the inheritance are differently encumbered .
=U4= Sec2008 -- Section 2008 Inventory for an inheritance that is part of marital property
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=S=> BGB 2008. 1 Where a spouse living under the regime of community of property is an heir and where the inheritance is part of the marital property , the fixing of the inventory period is effective only if it is also made towards the other spouse , if the other spouse manages the marital property alone or together with the first spouse . As long as the period has not expired with regard to the second spouse , it does not end with regard to the spouse who is the heir either . The filing of the inventory by the other spouse also benefits the spouse who is an heir .
=S=> BGB 2008. 2 The provisions of subsection ( 1 ) also apply after the end of the community of property .
=U4= Sec2009 -- Section 2009 Effect of filing of inventory
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=S=> BGB 2009 If the inventory is filed in good time , it is presumed in the relationship between the heir and the creditors of the estate that at the time of the devolution of the inheritance no further objects of the estate apart from those stated were in existence .
=U4= Sec2010 -- Section 2010 Inspection of the inventory
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=S=> BGB 2010 The probate court must permit inspection of the inventory by every person who credibly establishes a legal interest .
=U4= Sec2011 -- Section 2011 No inventory period for the treasury as heir
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=S=> BGB 2011 No inventory period may be fixed for the treasury as heir on intestacy . The treasury is obliged towards the creditors of the estate to supply information on the amount of the estate .
=U4= Sec2012 -- Section 2012 No inventory period for the curator and administrator of the estate
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=S=> BGB 2012. 1 No inventory period may be fixed for a curator of the estate appointed under sections 1960 and 1961. The treasury is obliged towards the creditors of the estate to supply information on the amount of the estate . The curator may not waive the limitation of the liability of the heir .
=S=> BGB 2012. 2 These provisions also apply to the administrator of the estate .
=U4= Sec2013 -- Section 2013 Consequences of the unlimited liability of the heir
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=S=> BGB 2013. 1 If the heir has unlimited liability for the obligations of the estate , the provisions of sections 1973 to 1975 , 1977 to 1980 and 1989 to 1992 do not apply ; the heir is not entitled to apply for an order of administration of the estate . However , the heir may rely on a limitation of liability occurring under section 1973 or under section 1974 if the case of section 1994 ( 1 ) sentence 2 or of section 2005 ( 1 ) later arises .
=S=> BGB 2013. 2 The provisions of sections 1977 to 1980 and the right of the heir to apply for an order of administration of the estate are not excluded by the fact that the heir has unlimited liability towards individual creditors of the estate .
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