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=U3= UTit1 -- Subtitle 1 Obligations of the estate
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=U4= Sec1967 -- Section 1967 Liability of heir , obligations of the estate
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=S=> BGB 1967. 1 The heir is liable for the obligations of the estate .
=S=> BGB 1967. 2 The obligations of the estate include , in addition to the debts of the deceased , the obligations borne by the heirs as such , in particular the obligations arising from rights to a compulsory portion , legacies and testamentary burdens .
=U4= Sec1968 -- Section 1968 Costs of funeral
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=S=> BGB 1968 The heir bears the costs of the funeral of the deceased .
=U4= Sec1969 -- Section 1969 Maintenance for thirty days
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=S=> BGB 1969. 1 The heir has a duty in the first thirty days after the occurrence of the devolution of the inheritance to grant maintenance to family members of the deceased , if they belong to the household of the deceased and have been receiving maintenance from him at the time of his death , to the same extent as the deceased did and to permit them to use the home and the household objects . The deceased may by testamentary disposition make different arrangements .
=S=> BGB 1969. 2 The provisions on legacies apply with the necessary modifications .
=U3= UTit2 -- Subtitle 2 Public notice to the creditors of the estate
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=U4= Sec1970 -- Section 1970 Notification of the claims
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=S=> BGB 1970 The creditors of the estate may be requested by way of public notice procedure to notify their claims .
=U4= Sec1971 -- Section 1971 Creditors not affected
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=S=> BGB 1971 Pledgees and creditors who are equivalent to pledgees in insolvency proceedings , and creditors who on execution of judgment against the immovable property have a right to satisfaction from this property are , insofar as it is a question of satisfaction from the objects subject to their claims , not affected by the public notice procedure . The same applies to creditors whose claims are secured by a priority notice or who have a right of separation of assets in the insolvency proceedings , with regard to the objects subject to their rights .
=U4= Sec1972 -- Section 1972 Rights not affected
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=S=> BGB 1972 Rights to a compulsory portion , legacies and testamentary burdens are not affected by the public notice , notwithstanding the provision in section 2060 no . 1.
=U4= Sec1973 -- Section 1973 Exclusion of creditors of the estate
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=S=> BGB 1973. 1 The heir may refuse the satisfaction of a creditor of the estate excluded in the public notice procedure to the extent that the estate is completely exhausted in the satisfaction of the creditors who are not excluded . However , the heir must satisfy the excluded creditor before the obligations arising from rights to compulsory portions , legacies and testamentary burdens unless the creditor asserts his claim only after the discharge of these obligations .
=S=> BGB 1973. 2 The heir must return a surplus for the purpose of satisfying the creditor by way of execution of judgment under the provisions on the return of unjust enrichment . He may prevent the return of the objects of the estate still in existence by paying the value . The final and absolute judgment ordering the heir to satisfy an excluded creditor has the same effect with regard to another creditor as satisfaction .
=U4= Sec1974 -- Section 1974 Defence of withheld information
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=S=> BGB 1974. 1 A creditor of the estate who asserts his claim to the heir later than five years after the devolution of the inheritance is on the same footing as an excluded creditor , unless the claim became known to the heir before the expiry of the five years or was notified in the public notice procedure . If the deceased is declared to be dead or if his date of death is determined under the provisions of the Missing Persons Act [ Verschollenheitsgesetz ] , the period does not begin before the order containing the declaration of death or the determination of the time of death becomes final and absolute .
=S=> BGB 1974. 2 The obligation imposed on the heir under section 1973 ( 1 ) sentence 2 arises in the interrelationship of obligations under rights to a compulsory portion , legacies and testamentary burdens only to the extent that the creditor would have priority in the case of estate insolvency proceedings .
=S=> BGB 1974. 3 To the extent that a creditor is , under section 1971 , not affected by the public notice , the provisions of subsection 1 do not apply to him .
=U3= UTit3 -- Subtitle 3 Restriction of the liability of the heir
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=U4= Sec1975 -- Section 1975 Administration of estate ; estate insolvency
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=S=> BGB 1975 The liability of the heir for the obligations of the estate is restricted to the estate if curatorship is ordered in order to satisfy the creditors of the estate ( administration of the estate ) or estate insolvency proceedings are instituted .
=U4= Sec1976 -- Section 1976 Effect on legal relationships extinguished by merger
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=S=> BGB 1976 If administration of the estate has been ordered or estate insolvency proceedings have been instituted , the legal relationships extinguished on the devolution of the inheritance by merger of right and obligation or of right and encumbrance are deemed not to be extinguished .
=U4= Sec1977 -- Section 1977 Effect on a set-off
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=S=> BGB 1977. 1 If a creditor of the estate , before administration of the estate was ordered or before estate insolvency proceedings were instituted , set off without the approval of the heir his claim against a claim of the heir that does not form part of the estate , then after the administration of the estate is ordered or estate insolvency proceedings are instituted , the set-off is to be deemed not to have taken place .
=S=> BGB 1977. 2 The same applies if a creditor who is not a creditor of the estate has set off his claim on the heir against a claim belonging to the estate .
=U4= Sec1978 -- Section 1978 Responsibility of the heir for previous administration , reimbursement of expenses
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=S=> BGB 1978. 1 If administration of the estate has been ordered or estate insolvency proceedings have been instituted , the heir is as responsible to the creditors of the estate for the previous management of the estate as if he had had to manage the estate for them as their agent from the date of acceptance of the inheritance on . The transactions relating to the inheritance carried out by the heir before the acceptance of the inheritance are governed by the provisions on agency without specific authorisation , with the necessary modifications .
=S=> BGB 1978. 2 The claims of the creditors of the estate under subsection ( 1 ) are deemed to belong to the estate .
=S=> BGB 1978. 3 Expenses are to be reimbursed to the heir from the estate to the extent that he could require reimbursement under the provisions on mandate or on agency without specific authorisation .
=U4= Sec1979 -- Section 1979 Discharge of obligations of the estate
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=S=> BGB 1979 The discharge of an obligation of the estate by the heir must be treated by the creditors of the estate as having been made for the account of the estate if the heir in the circumstances was entitled to assume that the estate was sufficient to discharge all obligations of the estate .
=U4= Sec1980 -- Section 1980 Application for institution of estate insolvency proceedings
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=S=> BGB 1980. 1 If the heir has obtained knowledge of the insolvency or overindebtedness of the estate , he must without undue delay apply for the institution of estate insolvency proceedings . If he infringes this duty , he is liable to the creditors for the damage resulting from this . In assessing the adequacy of the estate , the liabilities in the form of legacies and testamentary burdens are not taken into account .
=S=> BGB 1980. 2 Ignorance arising from negligence is equivalent to knowledge of insolvency or overindebtedness . It is deemed in particular to be negligence if the heir does not apply for public notice for the creditors of the estate although he has reason to assume that there are unknown obligations of the estate ; public notice is not necessary if the costs of the proceedings are disproportionately high in relation to the amount of the estate .
=U4= Sec1981 -- Section 1981 Order of administration of the estate
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=S=> BGB 1981. 1 The administration of the estate must be ordered by the probate court if the heir applies for the order .
=S=> BGB 1981. 2 The administration of the estate must be ordered on the application of a creditor of the estate if there is reason to assume that the satisfaction of the creditors of the estate from the estate is endangered by the conduct or the financial situation of the heir . The application may no longer be made if two years have passed since the acceptance of the inheritance .
=S=> BGB 1981. 3 The provision of section 1785 does not apply .
=U4= Sec1982 -- Section 1982 Refusal to order administration of the estate for insufficiency of assets
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=S=> BGB 1982 There may be a refusal to order administration of the estate if the assets are insufficient to pay the costs .
=U4= Sec1983 -- Section 1983 Public notice
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=S=> BGB 1983 The probate court must publish the order of administration of the estate in the newspaper chosen for its notices .
=U4= Sec1984 -- Section 1984 Effect of the order
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=S=> BGB 1984. 1 On the order of administration of the estate , the heir loses the authority to manage the estate and dispose of it . The provisions of sections 81 and 82 of the Insolvency Code [ Insolvenzordnung ] apply with the necessary modifications . A claim directed against the estate may be asserted only against the administrator of the estate .
=S=> BGB 1984. 2 Execution of judgment against the estate and attachment of the estate in favour of a creditor who is not a creditor of the estate are excluded .
=U4= Sec1985 -- Section 1985 Duties and liability of the administrator of the estate
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=S=> BGB 1985. 1 The administrator must manage the estate and discharge the obligations of the estate from the estate .
=S=> BGB 1985. 2 The administrator is also responsible to the creditors of the estate for the management of the estate . The provisions of section 1978 ( 2 ) and sections 1979 and 1980 apply with the necessary modifications .
=U4= Sec1986 -- Section 1986 Delivery of the estate
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=S=> BGB 1986. 1 The administrator may pay out the estate to the heir only when the known obligations of the estate have been discharged .
=S=> BGB 1986. 2 Where the discharge of a liability is not possible at the time , or where a liability is disputed , the estate may be paid out only if security is provided to the creditor . The provision of security is not necessary for a conditional claim if the possibility of the condition being fulfilled is so remote that the claim does not have a current asset value .
=U4= Sec1987 -- Section 1987 Payment of the administrator of the estate
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=S=> BGB 1987 The administrator may request appropriate payment for carrying out his office .
=U4= Sec1988 -- Section 1988 End and cancellation of administration of the estate
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=S=> BGB 1988. 1 The administration of the estate ends on the institution of the estate insolvency proceedings .
=S=> BGB 1988. 2 The administration of the estate may be cancelled if it is shown that the assets are insufficient to pay the costs .
=U4= Sec1989 -- Section 1989 Defence by the heir of exhaustion of assets
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=S=> BGB 1989 If the estate insolvency proceedings are ended by distribution of the assets or by an insolvency plan , the liability of the heir is governed by the provision of section 1973 with the necessary modifications .
=U4= Sec1990 -- Section 1990 Defence by the heir of insufficiency of assets
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=S=> BGB 1990. 2 The right of the heir is not excluded by the fact that the creditor , after the date of the devolution of the inheritance , by way of execution of judgment or enforcement of seizure or arrest , has obtained a pledge or a mortgage or , by way of interim injunction , a priority notice .
=U4= Sec1991 -- Section 1991 Consequences of defence of insufficiency of assets
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=S=> BGB 1991. 1 If the heir exercises the right to which he is entitled under section 1990 , his responsibility and the reimbursement of his expenses are governed by sections 1978 and 1979.
=S=> BGB 1991. 2 The legal relationships extinguished as a result of the devolution of the inheritance by merger of right and obligation or of right and encumbrance are deemed in the relationship between the creditor and the heir not to be extinguished .
=S=> BGB 1991. 3 The final and absolute judgment ordering the heir to satisfy a creditor has the same effect with regard to another creditor as satisfaction .
=S=> BGB 1991. 4 The liabilities arising from rights to a compulsory share , legacies and testamentary burdens must be discharged by the heir in the same way as they would be satisfied in the case of insolvency proceedings .
=U4= Sec1992 -- Section 1992 Overindebtedness as a result of legacies and testamentary burdens
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=S=> BGB 1992 If the overindebtedness of the estate results from legacies and testamentary burdens , the heir , even if the conditions of section 1990 are not satisfied , is entitled to effect the discharge of these liabilities under the provisions of sections 1990 and 1991. He may prevent the return of the objects of the estate still in existence by paying the value .
=U3= UTit4 -- Subtitle 4 Filing of an inventory , unlimited liability of the heir
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=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 .
=U3= UTit5 -- Subtitle 5 Suspensive defences
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=U4= Sec2014 -- Section 2014 Defence within three months
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=S=> BGB 2014 The heir is entitled to refuse to discharge an obligation of the estate before the end of the first three months after the acceptance of the inheritance , but not past the date when the inventory is filed .
=U4= Sec2015 -- Section 2015 Defence of the public notice procedure
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=S=> BGB 2015. 1 If the heir has made the application for the initiation of the public notice procedure for the creditors of the estate within one year after the acceptance of the inheritance and if the application has been admitted , the heir is entitled to refuse to discharge an obligation of the estate before the end of the public notice procedure .
=S=> BGB 2015. 2 ( repealed )
=S=> BGB 2015. 3 If the exclusory order is passed or the application for the order to be passed is rejected , the public notice procedure is not to be deemed as terminated until the order has gained legal force .
=U4= Sec2016 -- Section 2016 Exclusion of defences in the case of unlimited liability of the heir
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=S=> BGB 2016. 1 The provisions of sections 2014 and 2015 do not apply if the heir has unlimited liability .
=S=> BGB 2016. 2 The same applies to the extent that a creditor under section 1971 is not affected by the public notice to the creditors of the estate , subject to the proviso that a right acquired only after the date of the devolution of the inheritance by way of execution of judgment or enforcement of seizure or arrest and a priority notice obtained only after this date by way of interim injunction are disregarded .
=U4= Sec2017 -- Section 2017 Beginning of the period of time in the case of curatorship of the estate
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=S=> BGB 2017 If , before the inheritance is accepted , a curator is appointed to manage the estate , the periods laid down in section 2014 and 2015 ( 1 ) commence on the date of the appointment .
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