The Affidavit of Inheritance is a crucial document in German inheritance law, required whenever heirs need to prove their inheritance rights to third parties such as banks, land registries, or other institutions. This document becomes necessary after a person's death when their assets need to be transferred to rightful heirs. The affidavit must be filed with the German Probate Court and includes comprehensive information about the deceased person, the inheritance situation, and family relationships. It serves as official proof of inheritance rights and is particularly important for handling real estate transfers, accessing bank accounts, and managing other assets of the deceased. The document's legal foundation lies in the German Civil Code (BGB) and related legislation, making it a legally binding instrument that third parties can rely upon when dealing with heirs.
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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 Person's Information: Full details of the deceased person, including full name, last residence, date and place of death, and marital status at time of death
3. Basis of Inheritance Right: Statement of the legal basis for the inheritance claim (statutory succession, will, or inheritance contract)
4. Family Relations Declaration: Comprehensive list of all relevant family members and potential heirs, including spouse, children, and other relatives who might have inheritance rights
5. Estate Description: General description of the estate's nature and location
6. Legal Declarations: Formal declarations required under German law, including statement of truth and acknowledgment of criminal liability for false statements
7. Notarization Section: Space for notary's official certification and seal as required under German law
1. International Elements Declaration: Required when the deceased or any heirs have foreign nationality or when estate includes foreign assets
2. Prior Inheritance Proceedings: Needed if there have been any previous inheritance proceedings or certificates issued
3. Executor Declaration: Required when there is an executor appointed in the will
4. Disclaimer Statements: Needed if any potential heirs have renounced their inheritance rights
5. Special Family Circumstances: Required when there are adoptions, divorces, or other special family situations affecting inheritance
1. Death Certificate: Certified copy of the deceased person's death certificate
2. Will or Inheritance Contract: Certified copy of any existing will or inheritance contract, if applicable
3. Birth Certificates: Copies of birth certificates proving family relationships
4. Marriage Certificates: Copies of marriage certificates if relevant to inheritance claims
5. Family Book Excerpts: Extracts from German family books (Familienbuch) if available
6. Prior Inheritance Documents: Copies of any previous inheritance certificates or related legal documents
7. Translation Certificates: Certified translations of any documents not in German
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