The Affidavit of Inheritance Form (Erbschein) is a fundamental document in German inheritance law, required when heirs need to prove their legal right to inherit and manage the deceased's assets. This document becomes necessary after a person's death when heirs need to access bank accounts, transfer property ownership, or handle other assets of the deceased. The affidavit must be submitted to the local probate court (Nachlassgericht) in Germany, which then issues the Certificate of Inheritance. The document contains sworn statements about the deceased's family relationships, existing wills or inheritance contracts, and the legal basis for the inheritance claim. It is particularly crucial for complex estates, international inheritance cases, or situations involving multiple heirs. The legal framework is primarily governed by the German Civil Code (BGB) and, for international cases, the EU Succession Regulation.
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1. Personal Information of Declarant: Details of the person making the affidavit, including full name, date of birth, address, and relationship to the deceased
2. Deceased's Information: Complete details about the deceased person, including full name, last residence, date and place of death, marital status at time of death
3. Legal Basis for Inheritance: Statement of the legal basis for inheritance claim (statutory succession or testamentary disposition)
4. Family Status Declaration: Comprehensive information about the deceased's family relationships, including spouse, children, parents, and siblings as relevant
5. Estate Description: General description of the estate's nature and location (not requiring specific values)
6. Heir Status Declaration: Clear statement of who the heirs are and their respective shares in the inheritance
7. Prior Certificates: Declaration regarding any previously issued certificates of inheritance
8. Jurisdiction Declaration: Statement confirming German court jurisdiction over the inheritance matter
9. Truth Declaration: Formal declaration that all statements are true and complete under penalty of perjury
1. International Elements: Required when the deceased or assets have connections to foreign countries, addressing applicable law under EU Succession Regulation
2. Multiple Heirs Agreement: Needed when there are multiple heirs, describing any agreements between them regarding estate distribution
3. Executor Information: Required when an executor was appointed in a will or testament
4. Prior Inheritance Renunciations: Included when any potential heirs have formally renounced their inheritance rights
5. Community of Heirs Details: Required when multiple heirs form a community of heirs (Erbengemeinschaft)
6. Business Assets Declaration: Needed when the estate includes business interests or company shareholdings
1. Death Certificate: Official death certificate of the deceased
2. Family Status Documents: Marriage certificates, birth certificates, divorce decrees as relevant
3. Will or Testament: Copy of the last will and testament or inheritance contract if applicable
4. Probate Court Documents: Any relevant previous court decisions or documents
5. Inheritance Renunciation Declarations: Official documents showing inheritance renunciations if applicable
6. Relationship Proof Documents: Documents proving relationship to deceased if claiming as legal heir
7. Translation Certificates: Certified translations of any documents not in German
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