Aussitzen ist nicht: Gericht: Erbe muss Notar zum Nachlassverzeichnis antreiben

When the next of kin passes away, they can at least claim their entitled share. However, calculating this share requires knowledge of the net value of the estate. Those who wish to do more than rely on the information provided by the heir can request a notary's inventory. But what if an heir actually commissions a notary to create such an inventory, only for nothing to happen? They should make sure to press the notary afterwards, as not doing so can lead to significant expenses.

According to a recent ruling from Brandenburg's Higher Regional Court (3 W 124/25), a court reminder is not enough. In a specific case, an heir was initially ordered to present a notarized estate inventory. After neglecting this task for two years, the court imposed a fine of 1,000 euros. Only after this fine did the heir finally commission a notary to create the inventory.

However, another two years passed without the necessary inventory being presented to the entitled party. The entitled party then requested another fine, this time in the amount of 5,000 euros, against the heir. The court rightfully ruled that the heir's duty was not fulfilled simply by commissioning the notary. Instead, the heir must actively press the notary for timely action if the latter does not take immediate steps.

Simply commissioning a notary and accepting their inaction does not meet this requirement. Therefore, the repeated fine was confirmed in the specific case.