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Probate is the legal process that settles a deceased person's affairs - confirming who inherits, locating and valuing assets, paying debts and taxes, and distributing what remains to heirs. In Berikon, which is in the Canton of Aargau, Swiss federal law applies to many core succession rules, while cantonal and municipal authorities carry out administrative steps, tax assessments and certain formalities. Common elements you will encounter include the opening of succession at the place of last residence, the role of a will or inheritance agreement, the identification of compulsory heirs and the need to clear outstanding liabilities before distribution.
Many probate matters are straightforward and can be handled by heirs or a notary. However, you should consider a lawyer when any of the following arise:
- The will is contested or its validity is in doubt.
- There are disputes among heirs about who is entitled to inherit or how assets should be divided.
- The estate includes complex assets - for example, business interests, multiple properties, international assets, investments in several jurisdictions, or trusts.
- The deceased had substantial debts, tax issues or pending litigation.
- You need help enforcing or contesting claims to compulsory portions (reserved shares) under Swiss law.
- There are cross-border elements such as non-Swiss heirs or assets located outside Switzerland, where different laws may apply and coordination is required.
- You prefer professional estate administration - to prepare inventories, communicate with banks and authorities, and handle formal registrations and transfers.
Key legal points to understand when dealing with probate in Berikon - Canton of Aargau:
- Governing law: Swiss succession law (Swiss Civil Code - Zivilgesetzbuch, ZGB) governs testamentary freedom, statutory inheritance rules and compulsory portions. Cantonal rules determine administrative procedures and taxes.
- Testamentary formalities: Wills can be handwritten and signed by the testator (holographic will) or executed before a notary. Formal requirements matter - incorrectly executed wills can be declared invalid.
- Compulsory portions: Swiss law protects certain close family members - typically spouse, descendants and, in some cases, parents - who cannot be completely disinherited. These compulsory shares limit how freely assets can be disposed of by will.
- Opening of succession: Succession normally opens at the deceased person's last habitual residence. The civil registry office registers the death and provides documents needed to start estate administration.
- Estate administration: Heirs can administer the estate themselves, or the testator may have appointed an executor. In contested or complex cases, a court or authority may appoint an administrator.
- Land register and movable assets: Transfers of real estate are handled through the canton/municipal land register. Banks often require official confirmation of heirship before releasing funds.
- Inheritance tax: Inheritance and gift taxes are set at canton level. In Aargau, tax rules and exemptions differ from other cantons. Close relatives are often exempt or subject to reduced rates - check local tax rules for exact treatment.
- Deadlines and claims: Creditors can make claims against an estate; heirs inherit both assets and liabilities up to the value of the estate. There are procedural steps and potential deadlines for contesting wills or bringing claims - speak with a lawyer to confirm applicable time limits.
Obtain the official death certificate from the civil registry office where the person died or where they were resident. Notify close family members, locate any will or inheritance agreement, collect basic documents (ID, marriage certificate, property deeds, bank information) and inform banks and insurers. The civil registry office will provide guidance on documents needed to open the succession.
A valid Swiss will must meet formal requirements - typically it must be handwritten and signed by the testator or executed before a notary in the presence of required witnesses. Whether a will is valid can depend on form, the testator's capacity and whether it meets legal formalities. If validity is in doubt, consult a lawyer or a notary promptly.
If there is no will, succession is determined by the statutory rules in the Swiss Civil Code. The estate passes to heirs in a fixed order - usually descendants first, then spouse, parents, siblings and more distant relatives. If no heirs can be found, the estate ultimately passes to the canton. A lawyer or the civil registry office can help identify heirs under the statutory scheme.
Compulsory heirs are close relatives who are entitled to a minimum share of the estate by law - typically the spouse and direct descendants, and in some situations parents. The compulsory portion is a guaranteed fraction of the estate that cannot be completely removed by will. If a will infringes on compulsory portions, affected heirs can bring a claim to reduce dispositions that breach their reserved share.
Yes - heirs inherit both assets and liabilities, but their liability is generally limited to the net value of the estate they receive. Heirs may accept an inheritance unconditionally, accept it under benefit of inventory (limited liability to estate assets), or renounce it. If creditors exist, they must be paid from estate assets before distributions to heirs.
Inheritance and gift taxes are levied at the cantonal level, so rules vary. In Canton Aargau, certain close relatives may be exempt or taxed at preferential rates, while more distant heirs may face taxes. The estate or individual heirs may be responsible for declarations and payments. Contact the cantonal tax authority or a lawyer for exact rules and obligations.
There is no single answer - simple estates with clear wills and cooperative heirs can be settled in a few months, while complex estates, contested wills or cross-border matters can take a year or more. Timeframes depend on asset types, need for valuations, creditor claims, tax clearances and whether disputes arise.
Yes - a testator can appoint an executor or estate administrator in their will to manage and distribute the estate. Where no executor is named, heirs can handle administration themselves or ask a court or authority to appoint an administrator. Professional executors, notaries or lawyers can be engaged to ensure proper handling.
Cross-border assets can significantly complicate probate. Foreign assets may be subject to the law and formalities of their location, and multiple administrations may be needed. International elements can affect which law applies and how assets are transferred. Seek a lawyer experienced in international succession to coordinate procedures in each jurisdiction.
Fees vary by complexity, the professional's billing method (hourly, flat fee, percentage) and the services required. Notary fees and official costs are set by cantonal scales for some acts, while lawyers typically charge according to time or agreed rates. Ask for a clear fee estimate upfront and consider obtaining multiple quotes if the matter allows.
Useful institutions and resources to consult when dealing with probate in Berikon:
- Swiss Civil Code - Zivilgesetzbuch (ZGB) - contains the federal succession rules and definitions.
- Civil registry office - Zivilstandsamt of the place of last residence - for death certificates and official registrations.
- Canton of Aargau tax authority - for information on inheritance and gift tax obligations and filing.
- Land register office - Grundbuchamt for property title and transfer procedures.
- Swiss Bar Association and local cantonal bar - for lists of qualified probate and inheritance lawyers.
- Notaries in Canton Aargau - for notarised wills, estate certificates and related formalities.
- Local courts or district courts - where disputes over succession may be heard.
- Consumer rights or elder law organisations - for guidance on practical matters such as debt, care of dependents and estate planning.
If you are dealing with a probate matter in Berikon, take these practical steps:
- Obtain the death certificate from the civil registry office and ask what documents are needed to open the succession.
- Search for a will or inheritance agreements and find important documents - IDs, marriage or partnership papers, property deeds, bank statements and insurance policies.
- Notify banks, insurers and pension providers and secure assets such as real estate keys, safe deposit boxes and business documents.
- Decide whether to accept or renounce the inheritance or to accept it under benefit of inventory - get legal advice if you are unsure.
- If the estate is simple and heirs agree, proceed with estate inventory, creditor notification and property transfer steps. If anything is unclear or contested, consult a lawyer or notary experienced in Swiss succession and Aargau practice.
- Contact the cantonal tax authority to learn about filing requirements and any expected tax liabilities.
Getting professional advice early can reduce delays, limit personal liability and help protect your rights. If you need legal representation, look for a lawyer with experience in Swiss probate law and local knowledge of Canton Aargau and Berikon procedures.
