Probate research

As heirs is called the search for the next of kin of a deceased person, which usually come due to legal succession as heirs of the deceased in question.

Germany

According to § 1960 of the Civil Code the obligation to investigate the responsibility of the probate court or the administrator of the estate appointed by the probate court. In southern Germany it is ex officio the task of the estate court to determine the heirs, when a funeral expenses exceeding discount is available.

After a successful heirs the succession has been demonstrated for the probate and the heirs can apply for a certificate of inheritance. If there are no legal heirs are determined, then the entire estate usually falls to the Treasury ( escheat ). If the estate only of cash and a maximum of smaller, deposit -enabled physical assets (such as jewelry ), so the discount is for the time being in the court filing.

Can not be resolved despite Erbenermittlung a part of the inheritance, so other possible parties to the probate proceedings by means of a public call for proposals may be tried in accordance with § 2358 of the Civil Code to determine. Report this initially unknown parties not their inheritance within a statutory minimum period of six weeks after publication of the probate court, so their rights in the ongoing process initially remain ignored, and it may be an inheritance without expulsion of their inheritance be given.

Site investigators

For the heirs switch administrator of the estate, notaries and courts increasingly, genealogists (mostly historians or lawyers ), since the searches for entitled to inherit relatives of the deceased by flight, emigration and various migration flows often special historical knowledge (especially emigration issue, manuscript studies, etc.) require.

Site investigators regularly work on a contingency basis, and bear all extra costs incurred Upon a successful search for heirs of the compensation between 20 and 40 percent of the inheritance. Payment in advance is not applicable. The fee is payable only after all Erbnachweise ( certificates of inheritance, wills, etc.) upon payment of the estate.

These costs can the heirs asserted to inheritance tax and thus reduce the inheritance tax payable.