Affidavit Of Inheritance Template for Germany

When someone dies in Germany, their heirs must often prove their inheritance rights to access the deceased's assets. An Affidavit of Inheritance serves this critical purpose by providing legally binding evidence of your entitlement to inherit under German law. This document becomes your key to unlocking bank accounts, transferring property titles, and managing other estate assets that third parties control.

When do you need this document?

You'll need an Affidavit of Inheritance whenever you must prove your inheritance rights to institutions holding the deceased's assets. Banks typically require this document before releasing funds from accounts, while land registries need it to transfer property ownership. Insurance companies, pension funds, and investment brokers also rely on this affidavit to verify your legal standing as an heir. The document becomes particularly crucial when dealing with substantial assets or when other potential heirs might contest your inheritance claim. German courts and notaries also require this affidavit for various estate administration procedures.

Key legal considerations

Your Affidavit of Inheritance must accurately reflect the legal basis of your inheritance rights under German law. If you're inheriting through statutory succession, you must clearly establish your family relationship to the deceased and confirm no closer relatives exist. When inheriting through a will or inheritance contract, you must reference these documents and explain how they grant you inheritance rights. The affidavit requires detailed information about all potential heirs, including their names, relationships to the deceased, and current status. You must also declare whether the deceased left any debts or obligations that could affect the inheritance. False statements in this document can result in severe legal consequences, including criminal liability for perjury.

Legal requirements in Germany

German law mandates that your Affidavit of Inheritance comply with specific requirements under the German Civil Code (BGB) and the Act on Proceedings in Family Matters (FamFG). The document must include comprehensive personal information about both you and the deceased, including full names, birth dates, addresses, and the exact nature of your relationship. You must specify the legal basis for your inheritance claim, whether through statutory succession rules, a valid will, or an inheritance contract. The affidavit requires detailed family relationship declarations, listing all potential heirs and explaining why you have priority inheritance rights. German courts may require additional documentation, such as death certificates, marriage certificates, or birth certificates to verify the information in your affidavit. The document must be notarized or submitted directly to the German Probate Court (Nachlassgericht) to have legal effect.