Best Probate Lawyers in Arlesheim

About Probate Law in Arlesheim, Switzerland

Probate in Switzerland is the legal and administrative process that follows a death to identify heirs, secure and value the estate, settle debts and taxes, and transfer assets to the beneficiaries. Substantive inheritance rules are set by the Swiss Civil Code, while each canton organizes the competent authorities and many procedural steps. Arlesheim is in the canton of Basel-Landschaft, where public notary offices play a central role in estate administration. After a death, the estate is opened at the last domicile of the deceased, which determines the local authority responsible for initial measures and for issuing the Swiss certificate of inheritance.

In practice, the district notary office handles measures such as sealing of the estate when needed, preparing an inventory, inviting creditors, and issuing the certificate of inheritance that banks, land registries, and other institutions require before releasing or transferring assets. Disputes among heirs or challenges to a will are handled by the competent civil court for the district that includes Arlesheim. Because Swiss law protects certain compulsory shares for close family and coordinates with marital property rules, probate often requires careful legal and tax analysis before any distributions are made.

Why You May Need a Lawyer

You may need a lawyer when there is uncertainty about the validity or interpretation of a will, when heirs disagree on how to manage or divide assets, or when the estate includes complex property such as real estate, a family business, significant investments, or cross-border assets. A lawyer is also helpful when the estate might be insolvent, when you wish to renounce the inheritance, or when you must decide whether to request an official inventory or official liquidation. If the deceased was a foreign national, if beneficiaries live abroad, or if there are assets in several countries, legal advice can prevent jurisdictional and tax issues.

Even in apparently simple estates, a lawyer can help coordinate the liquidation of the marital property regime before the inheritance is divided, confirm the compulsory shares that limit how much can be left to non-family beneficiaries, prepare or review agreements within the community of heirs, and liaise with the notary office, the tax authority, banks, and the land registry. Timely advice is especially valuable because many rights in Swiss probate are subject to short deadlines.

Local Laws Overview

Swiss Civil Code sets the national framework for inheritance, including who is entitled to inherit if there is no will, how wills and inheritance agreements must be made, and the compulsory shares protecting descendants and spouses or registered partners. Since 2023, the compulsory share for descendants has been reduced, parents no longer have a compulsory share, and the freely disposable portion of an estate has increased. The surviving spouse or registered partner and descendants continue to benefit from strong protection under the code.

In Basel-Landschaft, district notary offices administer key probate steps. They can secure the estate, prepare an official inventory if requested, and issue the certificate of inheritance that proves who is authorized to act for the estate and to receive property. Many estates are settled amicably by the heirs as a community of heirs, but an executor appointed by will may manage the estate, or the authority can appoint an administrator if needed. Disputes and will challenges are brought to the competent civil court for the district that includes Arlesheim.

Time limits are important. Heirs usually have three months from learning of their entitlement to formally renounce an inheritance. A request for an official inventory is typically due within a short period after the death or after learning of one’s status as an heir. If the estate may be insolvent, heirs should seek legal advice immediately to avoid personal liability for debts and to consider an official liquidation.

Before any inheritance is divided, the marital property regime must be liquidated. The default Swiss regime is participation in acquisitions, but spouses may have agreed to separation or community of property. This step determines what belongs to the surviving spouse and what forms part of the estate.

Basel-Landschaft levies inheritance taxes at the cantonal level. Spouses and registered partners are generally exempt. Direct descendants are generally exempt in Basel-Landschaft, while more distant relatives and unrelated beneficiaries may be taxed at progressive rates. Tax reporting for the estate and for beneficiaries is coordinated with the cantonal tax administration, and deadlines apply.

International aspects are common around Basel. Swiss conflict-of-law rules generally apply Swiss inheritance law to persons domiciled in Switzerland at the time of death, but a foreign national may choose the law of their nationality in a will or inheritance agreement. The Swiss authorities at the last domicile usually have jurisdiction to conduct the probate process, while foreign assets may also require local procedures abroad.

Frequently Asked Questions

What exactly is probate in Arlesheim and who is in charge

Probate is the process of securing the estate, identifying heirs, settling debts and taxes, and transferring assets. In Arlesheim, the competent district notary office administers many steps such as inventories and the certificate of inheritance. The civil court decides disputes. Banks and the land registry require the certificate of inheritance before assets can be accessed or transferred.

How long does probate usually take

Simple estates without disputes can be settled within a few months once the certificate of inheritance is issued and tax matters are clarified. Estates with real estate, business assets, foreign assets, disputes, or tax audits can take a year or more. Timelines also depend on whether an official inventory or official liquidation is requested.

Do I need a will for my estate to be handled smoothly

A valid will or an inheritance agreement helps ensure your wishes are followed and can simplify administration by appointing an executor and clarifying distributions. Without a will, the Swiss Civil Code’s default rules apply. A will must meet strict formalities, so legal assistance is recommended to avoid invalidity or later disputes.

Can I write my own will by hand

Yes. A holographic will must be entirely handwritten by you, dated, and signed. Alternatively, a public will can be made before a notary and two witnesses. In emergencies, an oral will is possible before two witnesses but is strictly limited. Depositing your will with the notary office improves safekeeping and discovery after death.

What is a certificate of inheritance and how do I obtain it

The certificate of inheritance is an official document listing the heirs and their rights. It is issued by the competent authority, which in Basel-Landschaft is typically the district notary office where the deceased had their last domicile. The notary verifies the will and family documents and may require sworn statements or additional evidence. Institutions generally will not release assets without this certificate.

What if the estate has debts or may be insolvent

If debts may exceed assets, contact a lawyer quickly. You can renounce the inheritance within the legal deadline, or request an official inventory or official liquidation. These mechanisms limit or eliminate personal liability for the deceased’s debts. Acting as if you have accepted the inheritance can be treated as acceptance, so avoid using or disposing of estate property until you have advice.

How and when can I renounce an inheritance

Renunciation must be made by a formal declaration to the competent authority, usually within three months after you learn of your status as an heir. Minors and protected adults act through their legal representatives. Renunciation is irrevocable, so ensure you understand the estate and any creditor issues before deciding.

What taxes apply to inheritances in Arlesheim

Inheritance tax is levied by the canton of Basel-Landschaft. Spouses and registered partners are generally exempt, and direct descendants are generally exempt as well. Other heirs may be taxed based on their relationship to the deceased and the value received. Real estate may also trigger property transfer fees or land registry costs. The estate and beneficiaries must comply with cantonal filing deadlines.

How do banks and real estate transfers work during probate

Upon notification of death, banks usually block accounts until they see a certificate of inheritance. They may release funds for funeral costs and last illness upon documentation. Real estate can be transferred only after the land registry receives the certificate of inheritance and any notarized division agreement among heirs or instructions from an executor. Fees apply for notarization and registration.

What happens if the deceased or the heirs are foreign or there are assets abroad

Swiss authorities at the last domicile generally conduct the probate and apply Swiss law unless a valid choice of foreign law was made. Foreign assets may require additional procedures in the country where they are located. Coordination across borders is common around Basel, so heirs should seek legal advice on jurisdiction, applicable law, recognition of documents, and double taxation risks.

Additional Resources

District notary office for the Arlesheim district in the canton of Basel-Landschaft for estate inventories, safekeeping and opening of wills, and issuance of certificates of inheritance.

Civil court responsible for the Arlesheim district for inheritance disputes, challenges to wills, and actions to reduce gifts or legacies that infringe compulsory shares.

Cantonal tax administration of Basel-Landschaft for inheritance tax questions, filing requirements, valuation guidance, exemptions, and payment arrangements.

Land registry for the Arlesheim district for questions about registering inheritance transfers of real estate and related fees.

Arlesheim civil registry office for death certificates and family status documents that are needed by the notary office and other authorities.

Child and adult protection authority for protective measures if an heir is a minor or lacks capacity, and for certain approvals connected to renunciation or settlements involving protected persons.

Licensed Swiss notaries and attorneys in Basel-Landschaft for will drafting, inheritance agreements, estate planning, probate representation, and cross-border coordination.

Next Steps

Collect key documents as soon as possible. This includes the death certificate, any wills or inheritance agreements, family records such as marriage and birth certificates, marital property contracts, information about bank and investment accounts, life insurance policies, real estate deeds and mortgages, business records, and a list of known debts.

Notify the competent district notary office at the last domicile of the deceased. Ask about immediate steps such as sealing the estate if needed, deadlines for renunciation or requesting an official inventory, and the process for obtaining the certificate of inheritance. If there is a will, arrange for its opening and registration.

Consult a lawyer experienced in probate in Basel-Landschaft. Early advice helps you preserve options, meet deadlines, and avoid personal liability. Discuss whether to accept or renounce the inheritance, whether to request an official inventory, how to handle real estate or business assets, and how to manage interactions with banks and other institutions.

Coordinate with the cantonal tax administration. Confirm inheritance tax obligations, exemptions, valuation methods, and filing deadlines. Ensure that both the estate and beneficiaries account for tax consequences when agreeing on distributions.

If there are cross-border elements, ask your lawyer to coordinate with foreign counsel. Address applicable law choices, recognition of Swiss certificates abroad, and any local probate or tax filings needed in other countries.

Work toward an agreement within the community of heirs or empower an executor where appointed. Document decisions, keep records of estate income and expenses, and obtain notarized agreements when transferring real estate or dividing significant assets. Only distribute assets once debts, taxes, and administration costs are quantified and reserved for.

Throughout the process, keep all stakeholders informed, respect compulsory shares and marital property rules, and seek formal approvals when minors or protected adults are involved. Taking these steps in sequence helps ensure a compliant, efficient, and fair administration of the estate in Arlesheim.