Certificate Of Heirship for Switzerland

Certificate Of Heirship Template for Switzerland

A Certificate of Heirship under Swiss law is an official document issued by the competent cantonal authority that formally confirms the status and rights of heirs following a person's death. This document serves as official proof of inheritance rights and is essential for heirs to access and manage the deceased person's assets, including bank accounts, real estate, and other property. The certificate is governed by the Swiss Civil Code and relevant cantonal regulations, and it must comply with strict formal requirements to be valid for use within Switzerland and for international recognition.

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What is a Certificate Of Heirship?

A Certificate of Heirship (Erbbescheinigung/Certificat d'héritier) is a crucial legal document in Swiss inheritance law that establishes the legitimate heirs of a deceased person and their respective inheritance rights. This official certificate is required by banks, land registries, and other institutions to allow heirs to access and manage inherited assets. The document is issued by competent cantonal authorities in accordance with the Swiss Civil Code and must include detailed information about the deceased, the legal basis of succession (whether statutory or testamentary), and all qualifying heirs with their respective shares. It serves as conclusive evidence of inheritance rights unless challenged through legal proceedings and is particularly important for estate administration, asset transfers, and property registrations.

What sections should be included in a Certificate Of Heirship?

1. Declaration Header: Official title, issuing authority, and reference number of the certificate

2. Deceased Person Details: Full name, date of birth, date of death, last domicile, and nationality of the deceased person

3. Legal Basis of Inheritance: Statement whether succession is based on statutory law or last will/inheritance contract

4. Heir Identification: Complete list of all heirs, their personal details, and their relationship to the deceased

5. Share Distribution: Specification of each heir's portion of the estate, expressed in fractions or percentages

6. Certification Statement: Official declaration confirming the status of heirs and their entitlements

7. Authority Signature: Date, place, signature and seal of the issuing authority

What sections are optional to include in a Certificate Of Heirship?

1. Will Reference: Details of any existing will or inheritance contract, used when succession is not purely statutory

2. Executor Details: Information about appointed executor(s), if any were named in the will

3. Prior Deceased Heirs: Information about potential heirs who pre-deceased the deceased person, needed when representation rights apply

4. Renunciation Declarations: Details of any heirs who have formally renounced their inheritance rights

5. Foreign Law Application: Reference to applicable foreign law provisions when international elements are involved

6. Reserved Portions: Statement regarding statutory forced heirship rights when relevant

What schedules should be included in a Certificate Of Heirship?

1. Family Tree Diagram: Visual representation of the family relationships establishing inheritance rights

2. Death Certificate: Official death certificate of the deceased person

3. Civil Status Documents: Copies of relevant civil status documents proving family relationships

4. Will/Inheritance Contract: Copy of the last will or inheritance contract if applicable

5. Renunciation Declarations: Copies of formal renunciation declarations from relevant heirs

6. Translation Certificates: Certified translations of documents if not in the official language of the issuing canton

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions
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Legal Services

Banking

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Estate Administrator

Probate Lawyer

Notary Public

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