Estate Directory

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The estate register is an inventory within the meaning of § 260 BGB and serves to fulfill inheritance rights information.

A list of the estate created by the heir is referred to as an inventory ( Section 1993 BGB), a list of the estate recorded by a notary ( Section 2314, Paragraph 1, Clause 3 BGB) as a notarial estate directory or also as an inventory of the estate ( Section 31, Paragraph 2 GNotKG ). The notarial estate register serves the disinherited beneficiary of the compulsory portion as a basis for enforcing his compulsory portion claims (§ 2314 BGB). The estate inventory, on the other hand, is a means of the heir to limit liability (Section 1994 BGB).

The inventory includes the economic assets of the testator on the day of death, i.e. H. upon the occurrence of inheritance existing estate objects and estate liabilities with their description, and an indication of the value ( § 2001 BGB). The notarial estate register, on the other hand, only has to list the objects of the estate and describe their value-creating factors.

Historical registers of estates are also used as archival sources for research purposes.

Inventory creation

The heir is entitled, but not obliged, to draw up an inventory. The establishment of the inventory is the submission of an inventory drawn up by the heir himself to the probate court . It is sufficient, however, if the heir applies for the inventory to be drawn up by the probate court or if he refers to an existing inventory. If the heir draws up the inventory himself, he must consult an authority or a notary (official admission according to § 2002 BGB), which he z. B. advise on the form of the directory.

Purpose and effect of the inventory

The purpose of drawing up an inventory is to limit the heir's unlimited liability for inheritance liabilities . For this reason, the law requires that an inventory drawn up voluntarily or at the request of a debtor in the estate not only contains all of the estate's objects in full, but also indicates the estate's liabilities. If the inventory was established in good time, it is assumed in the relationship between the heir and the estate creditors that at the time of the succession no further estate items than those specified were available ( Section 2009 BGB). This presumption of the law can be invalidated by proof to the contrary.

At the request of a creditor, the heir has to affirm the completeness of the register of the estate to the probate court ( § 2006 BGB). The logging by the probate court is a probate matter according to Section 342 (1) No. 5 FamFG.

Inventory deadline

If a discount creditors requested the inventory establishment, heir is set by the probate court a deadline for the establishment of the inventory ( § 1994 BGB, § 342 para. 1 no. 9 FamFG ) that and most should be three months at least a month and extended on request can be ( § 1995 Abs. 1 BGB).

If the heir does not meet the inventory deadline, he has unlimited liability for the obligations of the estate. Because the aim of establishing an inventory is to limit liability, it no longer has to be carried out if an estate administration has already been ordered or an estate insolvency procedure is being opened. The administration of the estate can only be applied for as long as the inventory deadline set by the probate court has not expired.

Notarial estate register

In legal practice, it is not the inventory that is of decisive importance, but the notarial register of estates, which the person entitled to compulsory portion requests from the heir. By means of the notarial register of estates, the creation of which places high demands on the notary, the disinherited person entitled to compulsory portion can enforce his constitutionally protected compulsory portion.The notarial register only has to record the entire property and dispositions relevant to the compulsory portion and to describe their value-creating factors. Values ​​are not required. The notary can only determine the estate in his district, which corresponds to the district of the higher regional court in which the notary has his official seat. If the estate is outside the district, it may be necessary for a notary located there to determine a second partial notarial register of the estate there.

Web links

Wikisource: Zedler: Inuentarium, a written directory  - sources and full texts

Requirements for a notarial estate directory https://ratgeber.ruby-erbrecht.com/notarielles-nachlassverzeichnis-was-muss-notar-tun/#

Individual evidence

  1. ↑ cf. For example, AG Hamburg-Blankenese, partial judgment of 12 April 2017 to 531 C 177/1
  2. ↑ Wolfgang Buerstedde: Sample for information on the scope of the compulsory part PDF, accessed on August 23, 2019
  3. ↑ cf. Regarding the requirements: OLG Celle, decision of January 21, 2002 - 4 W 318/01
  4. ↑ cf. Estate directory website of the State Ministry of Justice Saxony, sample form
  5. ↑ Hildegard Mannheims: How is an inventory created? Legal comments as a source of folklore research . 1991 ( full text as PDF )
  6. ↑ Hildegard Mannheims, Klaus Roth (Hrsg.): Estate directories - Probate Inventories, International Bibliography - International Bibliography . 1984 ( full text as PDF )
  7. ↑ On constitutional law and the requirements for a notarial estate directory https://ratgeber.ruby-erbrecht.com/notarielles-nachlassverzeichnis-was-muss-notar-tun/#
  8. ↑ On constitutional law and the requirements for a notarial estate directory https://ratgeber.ruby-erbrecht.com/notarielles-nachlassverzeichnis-was-muss-notar-tun/#
  9. ↑ https://ratgeber.ruby-erbrecht.com/notarielles-nachlassverzeichnis-was-muss-notar-tun/