After the death of a tenant who lived alone you, as the landlord, do not receive a clarified statement about the status of heirs. A neighbour may pass on a message but does not want to make any declarations. At the same time there is a concrete claim on the table that is to be pursued in court. Repeated urgent requests to the same contact person will not help now; what is needed is clarification of a suitable estate representation (Nachlassvertretung).
Name the specific course of action
First set out which claim is to be asserted against the estate. Is it for a specific sum of money, a claim for surrender or another legal matter? The mere statement that the flat should be made available again quickly does not yet constitute a complete description of the claim.
Collect the contract, relevant declarations, proven payments and the facts known about the death. Earlier personal contacts will not automatically be recorded as confirmed heirs or as persons authorised to represent the estate. Keep points that are unknown explicitly open.
Distinguish between securing the estate and the creditors’ application
§ 1960 BGB concerns the securing of the estate under its conditions, in particular also in cases of an unknown heir or uncertain acceptance. The provision mentions the possible appointment of an estate custodian (Nachlasspfleger) for the person who becomes heir. [SICHERUNG]
§ 1961 contains a special application provision: In the cases of § 1960 paragraph 1 an estate custodian is to be appointed if an entitled person applies for this for the purpose of asserting in court a claim directed against the estate. [ANTRAG] The actual claim is not thereby already confirmed as justified.
Prepare the correct mandate for review
Our editorial recommendation: Summarise on one page which claim is to be pursued, why there is currently no suitable representative and which factual information is available. Add the associated documents instead of forwarding all correspondence without explanation.
Have jurisdiction, application requirements and the necessary scope of tasks clarified with suitable legal assistance. This article does not constitute an application, does not provide an original form and does not set out an appointed scope of powers. Liability, renunciation of inheritance (Erbausschlagung) and the treatment of individual tenancy periods are not decided here in general terms.
Fictional case: a telephone number does not solve the representation problem
Tobias receives a telephone number for a distant relative. This relative merely states that the question of inheritance is unresolved. Tobias, however, needs an orderly route to the court processing of his specifically described claim.
He submits the available facts and documents for review for an estate custodianship. The relative is not turned into the representative by persistent enquiries. Nor does Tobias treat the silence of other persons as consent to vacate or dispose of items. The example does not assert any approved appointment.
After an appointment, read the actual scope
When a custodian is appointed, further communication needs the confirmed name, the scope of tasks and the associated status. An appointment for a particular purpose should not be accepted unexamined as comprehensive permission for any private agreement. Which declaration is permissible and required will be examined against the actual order.
Ongoing case processing keeps payments, key inventory and necessary contacts clear and organised. Claim, representation and the actual return of the dwelling remain distinct steps. Your result is a legally clarified contact person for the relevant court matter; only then can the specific tenancy process be progressed without invented heir authority.