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Business operation; application for temporary continuation without qualified representation

  • Brief description

    You can continue a business after the death of the trader even without a qualified deputy. You must apply for permission.

  • Description

    After the death of a trader, the trade may be continued for the account of the deceased.

    • of the surviving spouse or surviving partner
    • of the minor heirs during their minority
    • the administrator of the estate, the curator of the estate or the executor of the will

    may generally only be operated by qualified deputies in accordance with Section 45 of the German Trade Regulation Act (GewO).

    Upon application, the competent authority may allow the business to be operated without such a representative for a period of one year after the death of the trader. The authority may allow the business to be continued by a representative who does not meet the requirements of Section 45 GewO or by a spouse, partner, heir, executor, etc.

  • Prerequisites

    • Death of the previous trader
    • Authorized exercise of the deceased's trade

      The deceased's trade must not have been discontinued or prohibited; any necessary permits must have been issued and be valid.

    • Personal reliability

      In the case of trades requiring a permit or supervision, the person authorized to continue the business or the deputy must provide proof of personal reliability in the form of current certificates from the Federal Central Register and the Central Trade Register.

  • Deadlines

    You must apply for the intended continuation of the business without a qualified deputy immediately after the death of the trader.

  • Costs

    Depending on the work involved: EUR 25 to 250 in accordance with the Schedule of Costs under the Costs Act (Tariff No. 5.III./18)

  • Legal basis

  • Procedure

    You must apply for permission from the relevant trade authority.

    For trades requiring a license pursuant to Sections 31, 33i, 34, 34a, 34b, 34c, 34d, 34f, 34h, 34i GewO and publicly appointed experts pursuant to Section 36 GewO, the admissibility of representation must be decided in each individual case by the authority that issued the license/appointment.

    The authority will review your application. If the decision is positive, you will receive a notice that you may continue the business without a qualified deputy for up to one year from the death of the trader. After this period has expired, you must appoint a qualified deputy.


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