Why do you need a certificate of inheritance?
If there is no will, heirs often have to prove their right to inherit in other ways. One way is by means of a certificate of inheritance. The certificate of inheritance is issued by a probate court and specifies exactly who the heir is and how large their share of the inheritance is. However, the probate court will only issue it if it is requested. The applicant should be aware that by submitting the application, they are also accepting the inheritance. They cannot renounce it later.
Certificate of inheritance is essential to claim inheritance
If you have inherited real estate but there is no notarized will or corresponding inheritance contract, a certificate of inheritance is mandatory in order to claim the inheritance. If you are the sole heir, you will receive a sole heir certificate. If there are several heirs, a joint certificate of inheritance is usually issued. However, it is also possible to apply for a partial certificate of inheritance, which only refers to the individual share of the inheritance.
An extract from the land register is mandatory for the sale of real estate. The Land Register Ordinance requires the presentation of a certificate of inheritance. Only then do you become the legal "owner." Only in the case of a notarized will or inheritance contract can the certificate of inheritance be waived. However, the land registry office sometimes still requires the document, for example if the wording in the will or inheritance contract is unclear or ambiguous.
If a testator has not drawn up a will or concluded an inheritance contract, statutory succession applies. In this case, relatives inherit according to their degree of kinship. Children and grandchildren are first in line, followed by parents and siblings. Grandparents, uncles, and aunts are third in line.
Legal succession
As long as there is an heir from the first degree of kinship, a relative from the second degree cannot be considered an heir, and so on. According to the statutory inheritance rights of spouses or civil partners, the surviving partner always inherits a quarter of the estate alongside the children. If there are only second-degree relatives, the surviving spouse inherits half. In most cases, a marriage is a community of property. In this case, the partner's share of the inheritance increases by a quarter, so that they inherit half of what is not left to the children.
The certificate of inheritance can be applied for at the probate court. Usually, the local court at the last place of residence of the deceased is the right point of contact. The application can either be submitted directly to the probate court or recorded by a notary, who will then forward the application to the probate court. The fees are based on the value of the property.
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Legal notice: This article does not constitute tax or legal advice in individual cases. Please consult a lawyer and/or tax advisor to clarify the facts of your specific case.
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