After the death of a testator
After the death of a testator, the heirs are often confronted with unfamiliar tasks: proof of succession must be provided to the land registry, banks and other authorities. The estate must be divided if there is more than one heir. In addition, bequests or conditions often have to be fulfilled. And under certain circumstances, it may make sense to sell the inheritance share as such to another heir or a third party.
First steps
Our team is here to help you sort out inheritance matters. We can quickly get the application for a certificate of inheritance, a certificate of executorship or, in international inheritance cases, a European Certificate of Succession notarised. The civil law notary and the probate court both have parallel responsibilities in this respect; the fees for these services are the same. We can also take all necessary steps to update the land register or commercial register on your behalf.
The community of heirs
If there are several heirs, they form a community of heirs. The term ‘community’ is the key word here. The community of heirs is a community of joint owners, meaning that all decisions must be made unanimously. It also means that no co-heir may sell their economic interest in certain assets of the estate or demand the sale of individual assets. The heirs are ‘bound’ to each other, in this sense. The community of heirs is usually dissolved through distribution of the estate.
Distribution of the estate, etc.
Additionally, involvement of a civil law notary is often necessary if the estate includes real property (house or apartment) or a share in a GmbH because, in these cases, distribution of the estate has to be notarised. A civil law notary also has to be involved if shares in a company in the legal form of a general partnership or limited partnership have to be distributed as part of the estate. In addition, transfer of an inheritance share always has to be notarised.