After a death, relatives should only start the house clearance once it is clear who inherits and whether the inheritance will be accepted. Under German law, the deadline for disclaiming an inheritance is usually six weeks. Until then: secure the flat, collect important documents – but don't sell or give anything away. This guide shows which steps are due and in which order.
Key facts at a glance
- Deadline to disclaim: usually six weeks from learning of the inheritance (§ 1944 BGB)
- Don't sell or give anything away before it is clarified – this can count as accepting the inheritance
- Tenancy: heirs can terminate with three months' notice, within one month of finding out
- Secure documents, valuables and keepsakes before the clearance
- In a community of heirs, make decisions together and document them
„A house clearance is never just work. Take the time you need – you can hand over the organisation.“
First steps after a death
- Apply for the death certificate at the registry office – request several copies
- Hand in a handwritten will to the probate court without delay (required by § 2259 BGB)
- Secure the flat: close the windows, set the heating to frost protection, empty the fridge
- Secure the post or have it forwarded
- Inform the landlord about the death
Accept or disclaim the inheritance?
Heirs can disclaim the inheritance within six weeks of learning of the death and of being named as an heir. If the deceased's last residence was abroad, the deadline is six months. Disclaiming makes sense above all if the estate is over-indebted. So first get an overview of accounts, loans and unpaid bills.
What happens to the tenancy?
If a spouse or partner, children or other household members lived in the flat, they take over the tenancy under § 563 BGB. Otherwise the tenancy continues with the heirs (§ 564 BGB). Heirs and landlord can then terminate it extraordinarily with the statutory notice period of three months – but only within one month of learning of the death and that nobody is taking over the tenancy. Rent continues to be paid from the estate until the end of the notice period. These three months are usually also the time frame for the house clearance.
What proof do heirs need?
Landlords, banks and insurers often ask for proof that you are an heir. This is usually the certificate of inheritance (Erbschein) from the probate court or a notarised will together with the record of its opening. Apply for the certificate of inheritance early, as processing can take several weeks.
Secure these documents before the clearance
- Will, contract of inheritance and powers of attorney
- ID card, birth and marriage certificates, family register
- Bank statements, savings books, securities documents and loan agreements
- Insurance policies, especially life and funeral insurance
- Pension and tax notices – heirs may still have to file a tax return
- Land register extracts, tenancy and purchase agreements
- Keys, cash, jewellery and valuables
- Photos, letters and personal keepsakes
Cancel contracts and inform the relevant bodies
- Cancel or deregister electricity, gas, phone, internet and the broadcasting licence fee.
- Inform the pension and health insurance as well as private insurers.
- Cancel subscriptions, memberships and clubs.
- Close email and social media accounts or put them into a memorial state.
- Inform the banks – check standing orders, don't close accounts too hastily.
House clearance in a community of heirs
If there are several heirs, they manage the estate together. Agree in advance who receives which keepsakes, who is the contact for the service provider and how costs and proceeds are shared. Photo documentation and a simple inventory list prevent misunderstandings later – especially if not all heirs live in Düsseldorf.
Commissioning the house clearance
Once the inheritance and tenancy are clarified, the actual clearance can begin. An experienced team sorts carefully, sets aside documents and keepsakes for you, credits usable items and hands over the flat swept clean to the landlord – without you having to be there if you wish. FA Transport works discreetly, with unmarked vehicles on request, and documents every step with photos.
Further readingHouse clearance in Düsseldorf: costs & processGuide prices by flat size and how the credit for valuables lowers the price.Note: this article gives a general overview of German law and does not replace legal advice. For questions about inheritance, disclaiming or taxes, contact the probate court, a notary or a lawyer specialising in inheritance law.
Frequently asked questions
When can the house clearance start after a death?
As soon as it is clear who inherits and that the inheritance is accepted – at the latest after the six-week deadline for disclaiming. You may and should secure documents and valuables beforehand, but don't sell or dispose of anything yet.
Who has to clear a deceased person's flat?
The heirs. They take over the tenancy and must hand over the flat cleared when the tenancy ends. If all heirs disclaim, the probate court can appoint an estate administrator who takes care of the flat.
How do you terminate a deceased person's tenancy?
Heirs can terminate the tenancy extraordinarily with three months' notice. Notice must be given within one month of learning of the death and that nobody is taking over the tenancy.
Who pays for the house clearance after a death?
The heirs – usually from the estate. In a community of heirs, all co-heirs should agree to the order. Usable items can lower the costs through the credit for valuables.
Do I have to be present during the house clearance?
No. Once we have the keys and have agreed what should be secured, the team can work independently and hand over the flat directly to the landlord. You receive photo documentation.
House clearances in Düsseldorf & the region?
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