Estate administration

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This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

The administration of the estate ( § 1975 BGB ) is a form of estate maintenance in Germany . It is a guardianship ordered by the probate court . Among other things, it aims to satisfy the creditors of the estate and, especially in the case of a confusing estate, serves to separate the heir's own assets from the estate. This means that the heir's liability for inheritance liabilities can be limited to the estate (see § 1981 ff BGB).

With the order of the curator of the estate, the authority to administer the estate and to dispose of it passes to the curator of the estate ( Section 1984 BGB). The heirs and the creditors are entitled to apply for the administration of the estate. If no heir is known, the competent local court orders a curative estate. If there are several heirs, the co-heirs can only submit the application jointly and before the community of heirs is disputed ( § 1981 BGB). Creditors of the estate can submit a corresponding application within a period of two years after acceptance of the inheritance if the satisfaction of their claims against the estate appears to be jeopardized.

Digital estate

In the course of increasing digitalization, a digital legacy often remains after the death of a person . So-called digital estate administrators take care of the care and regulation of such residuals . You delete Internet profiles and close e-mail accounts.

literature

  • Martin Bünning: Estate administration in international private and procedural law . Nomos VG, Baden-Baden 1996, ISBN 3-7890-4511-X (plus dissertation, University of Freiburg / B. 1996).
  • Stephan-Robert Hillebrand: The estate administration. With special consideration of the administration and disposal rights of the estate administrator . Shaker Verlag, Aachen 1998, ISBN 3-8265-5651-8 (plus dissertation, University of Bochum 1998).
  • Schulz (Hrsg.): Handbook of estate maintenance , 2nd edition, Bonn 2017, ISBN 978-3-95661-057-8 , 2nd part: Estate administration (§§ 10-16).

Individual evidence

  1. ^ Spiegel : Digital estate administrator: Erased from July 26, 2015, accessed on July 28, 2015
  2. ↑ Die Zeit : Digitale Zombies from January 21, 2011, accessed on July 28, 2015
  3. ↑ Die Zeit : Last rest on the net from March 21, 2015, accessed on July 28, 2015