Le certificate of inheritance plays a crucial role in Swiss inheritance law. This document attests to the heir quality legitimate of a person concerned by an inheritance. But what is this certificate really for and how can you obtain it?
How to obtain a certificate of inheritance in Switzerland?
In this article, we explore the various features of the certificate of inheritance and the steps to obtain it.
Proof of heirship
Le certificate of inheritance is above all a proof of heirship. It informs banks, notaries and other institutions of the legitimacy of the heirs to dispose of the deceased's property. In the absence of this document, it becomes difficult for an heir to prove his rights to the property left by the deceased. The heirship certificate thus avoids potential conflicts and simplifies transactions relating to the estate.
Without this certificate of inheritance, heirs may encounter obstacles in their estate management. Institutions often require this official document to open access to the deceased's bank accounts or to sell real estate included in the estate.
Determination of the circle of heirs
Absence of will
In the absence of a will, it is the Swiss civil code which determines who the heirs are. The legal heirs are your partner (spouse or registered partner) and your close relatives, namely your children or their descendants. If you have no children, your legal heirs are your parents or even your grandparents.
It is up to the competent authority, which varies depending on the canton, to carry out the necessary research to determine the circle of legal heirs. When the authority in question does not know whether the deceased left heirs or when it is not certain of knowing all of them, it proceeds by publication.
When the deceased has left no provisions in the event of death, the issue of the certificate of heirs is in principle not subject to any time limit.
Testamentary succession
In one Types of will, iIt is possible to deviate from the legal order of succession and to designate the heirs of his choice, subject to respecting the hereditary reserves (minimum share of the inheritance that certain people must imperatively receive).
Where there is a will, the certificate of heir may only be issued after the expiry of one month following notification of the provisions due to death, it being specified that anyone in possession of a will is required to submit it to the competent authority as soon as they become aware of the death (art. 556 al. 2 CC).
It is therefore a two-stage process: firstly, the persons concerned must be notified of the existence of testamentary clauses concerning them and only after the expiry of a period of one month, in the absence of opposition, can the certificate of inheritance be issued.
The process of obtaining the certificate of inheritance
Once the circle of heirs has been determined and the person of the heirs verified, the competent authority (usually a notary or the justice of the peace) can issue the certificate of heir to the persons concerned.
It should be noted that the competent authority must refuse to issue the heir certificate to the appointed heirs if their rights have been expressly contested in accordance with theart. 559 CC.
Once delivered, the certificate of inheritance becomes a official document which can be used for procedures relating to succession.
It should be noted that although it mentions all the persons who are entitled to the inheritance, the certificate of inheritance does not specify how the inheritance should be distributed.
In addition, the certificate of inheritance does not allow the heirs to dispose of the assets or accounts forming the estate alone. Thus, in the event of refusal by an heir, for example, the other heirs are not authorized to act, which can paralyze certain situations. This is why it is recommended to designate in your will an executor, or a person in charge of managing the estate.
