# Disclaiming an inheritance

If someone close to you has died and the estate might be over-indebted, you can disclaim the inheritance as an heir. This guide explains your right to do so, the time limit, the procedure at the competent authority, and what you absolutely must watch out for so that you do not lose this right.

This guide covers: The right to disclaim an inheritance that has passed to you, as a statutory heir or as an heir named in a will or contract of succession: the 3-month time limit and when it begins, the procedure at the competent authority, what counts as prohibited interference, what happens to your share, what to watch out for with minor children, and what happens to life insurance, the OASI pension and the pension fund.

Not covered: Not covered in detail: the public inventory and official liquidation of an over-indebted estate (there is a separate guide on the debts of the deceased for this), drawing up a will, statutory entitlements, inheritance tax, and special questions of business succession or cross-border inheritance.

## Your answers

- What was your relationship to the deceased? (Child of the deceased / Spouse or registered partner / other relative (e.g. sibling, parent, niece/nephew) / named as an heir in the will or contract of succession / I don't know / this doesn't matter here)
- How long ago was the death, or how long have you known about it? (Less than 1 month / 1 to 3 months / More than 3 months / I don't know exactly)
- Have you already taken or sold money or items from the estate, used them to pay debts, or otherwise acted like an heir? (Yes / No / I don't know / I'm not sure)
- If you were to disclaim the inheritance: do you have children of your own who would then take your place as heirs? (Yes, they are adults / Yes, at least one is a minor / No / I don't know)
- Does a business or company, or real estate (a house, flat or plot of land), belong to the estate? (Yes / No / I don't know)

## Watch out

You have 3 months to disclaim the inheritance. When the time limit begins differs: as a statutory heir, it begins as soon as you learn of the death. As a person named in a will or contract of succession, it only begins once the authority has officially notified you of the disposition on death. If an inventory was drawn up as a precautionary measure to safeguard the estate, the time limit for all heirs only begins once the authority has notified them that it is complete. If you miss the time limit, the inheritance is treated as accepted.

Sources: [ZGB · Art. 567](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_567), [ZGB · Art. 568](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_568)

If the time is not enough, you can apply to the competent authority at the deceased's last place of residence for an extension of the time limit or a new time limit. This is only available for good cause, and only if you have done everything that could be expected of you to get an overview of the assets and debts, for example requesting a public inventory. Submit the application before the time limit expires. If you only learn of a good cause later, act immediately: anyone who then waits weeks or months risks the application being rejected as too late.

Sources: [ZGB · Art. 576](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_576), [BGer 5A_998/2020 vom 25. Juni 2021, E. 4.2.1](https://mcp.opencaselaw.ch/entscheid/bger_5A_998_2020#e-4-2-1), [BGE 114 II 220, E. 4](https://mcp.opencaselaw.ch/entscheid/bge_BGE_114_II_220#e-4)

Important: if you interfere in the estate before the time limit expires, you lose the right to disclaim it - even if the time limit is still running, and even if a disclaimer would actually be presumed. Mere administration is allowed: things needed so that nothing is lost or spoiled, for example securing the flat, having the post forwarded, arranging urgent repairs, or selling perishable items in time. What goes beyond this is not allowed: taking money or items from the estate for yourself, selling them or using them for yourself, hiding assets, or otherwise finally acting like an heir. Particular caution is needed when paying the deceased's debts: even this can count as interference. Where the line lies is decided case by case; merely applying for a certificate of inheritance is not, by itself, enough to lose the right to disclaim. If in doubt: do not touch anything from the estate, and get advice before you act.

Sources: [ZGB · Art. 571](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_571), [BGE 133 III 1, E. 3.3.1](https://mcp.opencaselaw.ch/entscheid/bge_BGE_133_III_1#e-3-3-1)

Minor children cannot disclaim an inheritance themselves; their legal representatives do this for them, generally the parents. If the parents have their own interests here that conflict with the child's, their authority to represent the child in this matter ceases by operation of law, even if no deputy has yet been appointed. The child and adult protection authority (KESB) must then be involved. If the estate is over-indebted, the disclaimer generally also protects the children. If it is not, the children lose assets through the disclaimer. The court can then assume that the parents cannot disclaim for the children alone, even if a parent has already disclaimed for themselves. If minor children become heirs as a result of your disclaimer, therefore, clarify early with the competent authority or the KESB whether you can disclaim on the children's behalf. The time limit keeps running.

*Applies if: If you were to disclaim the inheritance: do you have children of your own who would then take your place as heirs? → Yes, at least one is a minor / I don't know*

Sources: [ZGB · Art. 306](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_306), [Obergericht ZH LF240049 vom 27. Juni 2024, E. 1.2](https://mcp.opencaselaw.ch/entscheid/zh_obergericht_LF240049#e-1-2), [Obergericht ZH LF240049 vom 27. Juni 2024, E. 3.2](https://mcp.opencaselaw.ch/entscheid/zh_obergericht_LF240049#e-3-2)

## What to do

**1.** Here is how to disclaim the inheritance: find out from the municipality or online which authority at the deceased's last place of residence is responsible for inheritance matters (depending on the canton, for example the district court, the inheritance office or a notary's office). Declare there, orally or in writing, that you are disclaiming the inheritance. The declaration must be unconditional and without reservation - a partial disclaimer or a disclaimer subject to a reservation is not possible. The authority records your disclaimer in the minutes. Have written confirmation or a copy of the record given to you, and keep it safe.

Sources: [ZGB · Art. 570](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_570)

## The law

As a statutory heir, or as a person named in a will or contract of succession, you have the right to disclaim an inheritance that passes to you. Disclaiming means: you give up the inheritance completely - both the assets and the debts of the deceased. It is voluntary; without any action on your part, the inheritance is in principle treated as accepted once the time limit has expired.

Sources: [ZGB · Art. 566](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_566)

If the deceased's insolvency was officially established, or evident, at the time of their death, the disclaimer is presumed by operation of law. It is often not possible to say for certain whether this requirement is met; as a precaution, therefore, declare the disclaimer expressly and in time even so. Caution: this presumption does not protect you if you nonetheless interfere in the estate (see below) - the inheritance is then treated as accepted.

Sources: [ZGB · Art. 566](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_566)

If you disclaim the inheritance and there is no disposition on death, your share passes on as if you had not survived the death - generally your own children then inherit in your place; if you have none, your share goes to the other statutory heirs. If there is a will or contract of succession and a person named in it disclaims, their share goes to the deceased's nearest statutory heirs, unless the will shows a different intention. These people then inherit themselves and may, in turn, have to decide within their own time limit whether they want to accept or disclaim.

Sources: [ZGB · Art. 572](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_572)

If all the deceased's nearest statutory heirs disclaim the inheritance, the bankruptcy office takes over the liquidation: it settles the debts out of the estate's assets. If anything is left afterwards, it goes to the people who would actually have inherited - as if no one had disclaimed.

Sources: [ZGB · Art. 573](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_573)

If an over-indebted person disclaims the inheritance only to keep it safe from their own creditors, those creditors or the bankruptcy administration can challenge the disclaimer within 6 months, if their claims are not otherwise secured.

Sources: [ZGB · Art. 578](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_578)

A life insurance policy with a named beneficiary passes directly to that person - even if they disclaim the inheritance - provided the beneficiary is the spouse, the registered partner, descendants entitled to inherit, parents, grandparents or siblings. Likewise, the OASI widow's or widower's pension and the pension fund's survivors' benefits are the surviving person's own statutory claim: the requirements for this (for example, having their own children, or the length of the marriage) concern only them, and not the estate. A disclaimer changes nothing about this.

Sources: [VVG · Art. 85](https://www.fedlex.admin.ch/eli/cc/24/719_735_717/de#art_85), [AHVG · Art. 23](https://www.fedlex.admin.ch/eli/cc/63/837_843_843/de#art_23), [BVG · Art. 19](https://www.fedlex.admin.ch/eli/cc/1983/797_797_797/de#art_19)

For debts of the deceased, debt enforcement is suspended: during the two weeks after the death and during the whole of the period allowed for reflection on accepting or disclaiming the inheritance. Creditors therefore cannot proceed further against the estate during this time. Debt enforcement proceedings already brought during the deceased's lifetime can afterwards be continued against the estate, and against the heirs themselves only in special cases, for example debt enforcement for realisation of a pledge.

Sources: [SchKG · Art. 59](https://www.fedlex.admin.ch/eli/cc/11/529_488_529/de#art_59)

## Advice

If the 3-month time limit is running short, or may already have expired, do not wait: contact the competent authority where you live or a legal advice service immediately, to clarify whether the time limit is still running, whether a precautionary inventory triggers it afresh, or whether an extension is possible for good cause.

*Applies if: How long ago was the death, or how long have you known about it? → 1 to 3 months / More than 3 months / I don't know exactly*

Have you already taken, sold or paid for something from the estate, or otherwise acted, or are you unsure whether this counts as interference? Get advice now, before you act further or declare a disclaimer - once the right to disclaim has been forfeited through interference, this cannot be undone.

*Applies if: Have you already taken or sold money or items from the estate, used them to pay debts, or otherwise acted like an heir? → Yes / I don't know / I'm not sure*

Does a business, a company or real estate belong to the estate? Such assets are often difficult to manage without already interfering, and the decision has far-reaching consequences. Get personal advice in this case.

*Applies if: Does a business or company, or real estate (a house, flat or plot of land), belong to the estate? → Yes / I don't know*

## Help

Advice does not always cost something: many municipalities and cantons offer free or low-cost legal information, as do notaries' offices with public advice days. Pro Senectute advises older people free of charge, including on inheritance questions. Where minor children or adults under a deputyship are concerned, the child and adult protection authority (KESB) where you live is the right point of contact.

## Sources

- [ZGB · Art. 566](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_566)
- [ZGB · Art. 567](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_567)
- [ZGB · Art. 568](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_568)
- [ZGB · Art. 570](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_570)
- [ZGB · Art. 571](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_571)
- [ZGB · Art. 572](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_572)
- [ZGB · Art. 573](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_573)
- [ZGB · Art. 576](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_576)
- [ZGB · Art. 578](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_578)
- [ZGB · Art. 306](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_306)
- [SchKG · Art. 59](https://www.fedlex.admin.ch/eli/cc/11/529_488_529/de#art_59)
- [VVG · Art. 85](https://www.fedlex.admin.ch/eli/cc/24/719_735_717/de#art_85)
- [AHVG · Art. 23](https://www.fedlex.admin.ch/eli/cc/63/837_843_843/de#art_23)
- [BVG · Art. 19](https://www.fedlex.admin.ch/eli/cc/1983/797_797_797/de#art_19)
- [BGE 133 III 1, E. 3.3.1](https://mcp.opencaselaw.ch/entscheid/bge_BGE_133_III_1#e-3-3-1)
- [Obergericht ZH LF240049 vom 27. Juni 2024, E. 1.2](https://mcp.opencaselaw.ch/entscheid/zh_obergericht_LF240049#e-1-2)
- [Obergericht ZH LF240049 vom 27. Juni 2024, E. 3.2](https://mcp.opencaselaw.ch/entscheid/zh_obergericht_LF240049#e-3-2)
- [BGer 5A_998/2020 vom 25. Juni 2021, E. 4.2.1](https://mcp.opencaselaw.ch/entscheid/bger_5A_998_2020#e-4-2-1)
- [BGE 114 II 220, E. 4](https://mcp.opencaselaw.ch/entscheid/bge_BGE_114_II_220#e-4)

## Official information

- [Jurisdiction and procedure for disclaiming an inheritance - Courts of the Canton of Zurich (example)](https://www.gerichte-zh.ch/de/themen/erbschaft/erbgangssicherung/ausschlagung)
- [Disclaiming an inheritance - Official Notaries' Offices of the Canton of St. Gallen (example)](https://www.sg.ch/recht/handelsregister-notariate/amtsnotariate/erben/erbschaftsausschlagung.html)
- [Pro Senectute - free advice](https://www.prosenectute.ch/de/dienstleistungen/beratung.html)

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Statute texts checked on 28 September 2026. General legal information. It does not replace individual advice.

https://swisslaw.io/en/inheritance/refusal/ · swisslaw.io, inheritance.refusal, 2026-09-28 · CC BY 4.0