Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Probate in Wohlen follows Swiss federal inheritance law as implemented and administered at cantonal and local level in the Canton of Aargau. When a person dies, their estate does not automatically transfer without formalities - assets must be identified, debts paid, and property transferred to heirs or legatees. Swiss law recognises wills and inheritance agreements, sets out rules for intestate succession, and protects certain close relatives through mandatory reserved portions. Practical steps such as registering the death, securing assets, locating a will, and notifying banks and authorities are handled locally by municipal offices, notaries and the competent cantonal or district authorities.
You may need a lawyer if the estate is complex, contested, or cross-border. Typical situations where legal advice is useful include:
- There is a dispute over the validity or interpretation of a will or an inheritance agreement.
- Multiple potential heirs disagree about distribution, administration of the estate, or creditor claims.
- The deceased owned significant business interests, real estate, investments, or international assets that make distribution and tax issues complicated.
- Forced-heirship rights (reserved portions) are at stake and you need to calculate and protect legal entitlements.
- You suspect fraud, undue influence, or an invalid signature on testamentary documents.
- Insolvency of the estate - creditors outnumber assets and you need to determine priority of claims or consider estate composition and administration options.
- You need assistance negotiating with banks, insurers, or pension institutions to obtain account releases or death benefits.
- You are an heir or executor and need formal representation in court or to draft legally precise documents like acceptance or renunciation of the inheritance.
Key legal points relevant to probate in Wohlen - Canton of Aargau and Switzerland generally include:
- Governing law: Swiss federal inheritance law is set out in the Swiss Civil Code. Cantonal authorities apply these rules locally and handle formalities such as certificates of inheritance, probate registration and estate administration.
- Wills and formality: Swiss law recognises holographic wills that are entirely handwritten, dated and signed by the testator, and notarial (public) wills prepared by a notary. In rare emergency situations an oral testament may be valid under strict conditions.
- Intestate succession: If there is no valid will, the Civil Code provides a statutory order of heirs - typically descendants, spouse, parents, siblings, and more distant relatives in that order.
- Reserved portions: Swiss law protects certain close relatives through mandatory reserved portions that limit how freely a person can dispose of their estate by will. Spouses, descendants and in some cases parents are protected; this may require reduction of legacies that infringe those reserved shares.
- Certificate of inheritance: To administer assets, heirs commonly obtain an official document or notarised declaration that proves their entitlement - often issued by the competent probate authority or a notary. Banks and registries typically require such proof before transferring funds or changing ownership.
- Debts and creditor claims: Heirs usually assume the estate with liability limited to the value of estate assets unless they explicitly accept the inheritance with personal liability. Heirs can renounce an inheritance within prescribed delays to avoid taking on debts.
- Taxes and fees: Inheritance tax rules and probate fees vary by canton and municipality. Depending on the relationship to the deceased and the nature of assets, tax treatment differs. Aargau-specific rules determine whether and how much inheritance or gift tax applies locally.
- Cross-border issues: If the deceased had foreign nationality, residence abroad, or assets outside Switzerland, foreign laws may also apply. Determining the applicable law and coordinating administration across jurisdictions often requires specialist advice.
Begin by registering the death with the municipal civil registry in Wohlen and obtaining multiple certified copies of the death certificate. Next, search for a will or contact the deceased's notary. Secure property, bank accounts and important documents. Notify banks, insurers and pension providers. Contact the competent cantonal or district probate authority or a notary to request a certificate of inheritance or to open formal administration. If you are unsure, a lawyer or notary can advise on precise local steps.
If there is no valid will, statutory intestate succession rules under the Swiss Civil Code apply. Priority is typically given to descendants and the spouse, then parents, siblings and more distant relatives. The exact shares depend on family circumstances such as surviving spouse together with children versus spouse alone, and other family members present.
A holographic will is a will entirely handwritten, dated and signed by the testator. It is valid in Switzerland provided it meets these formal requirements. Many people still choose a notarial will for additional legal certainty, especially when the estate or family situation is complex.
Yes, you can contest a will. Common grounds include lack of testamentary capacity, undue influence, fraud, irregularities in formal requirements, or claims that a legacy violates reserved portions for close relatives. Disputes are typically adjudicated by the competent cantonal courts. Timelines for contesting and the need to produce evidence make early legal advice important.
Reserved portions are mandatory shares of the estate reserved for certain close relatives, such as spouses and children, and sometimes parents. A testator cannot lawfully reduce those shares below the reserved portion by will. If a will infringes the reserved portions, affected heirs may request reduction of legacies to recover their legal share.
Heirs inherit the estate including liabilities, but their personal liability is normally limited to the value of the assets they inherit. Heirs who do not want to assume liability can renounce the inheritance within the legal time limits. In some cases, accepting an inheritance can be done under benefit of inventory to limit personal exposure - you should get local legal advice about form and timing.
Inheritance and gift taxes in Switzerland are levied at cantonal and municipal level and therefore vary. Exemptions and rates depend on the relationship between deceased and heir. Close relatives often benefit from preferential or exempt treatment in many cantons. To determine whether and how much tax applies in Aargau, consult the cantonal tax authority or a tax specialist.
There is no single answer - simple estates with clear wills and few assets may be concluded in a few months. Estates with complex assets, professional valuations, creditor claims, contested wills or cross-border elements can take a year or more. Timelines also depend on the responsiveness of banks, authorities and heirs.
Typical documents include the death certificate, the deceased's will or inheritance agreement if any, marriage and birth certificates for heirs, bank statements, property deeds, insurance policies, pension information, tax returns and any business or corporate documents. A notary or lawyer can provide a tailored checklist based on the estate.
Notaries are authorised to draft and authenticate wills, inheritance agreements and certain probate documents, and can often issue certificates of inheritance. Lawyers are suited for litigation, complex negotiations, cross-border disputes, and tax planning. In many matters you may use both - a notary for formalities and a lawyer for contentious or complex legal advice. Ask professionals about their probate experience before engaging them.
For reliable local and national guidance consider the following types of resources:
- Municipal administration of Wohlen - for death registration, civil status documents and local procedures.
- Canton of Aargau - Department or Office responsible for justice, probate matters and cantonal tax authority for inheritance tax information.
- Swiss Federal Office of Justice - for texts and explanations of the Swiss Civil Code provisions on inheritance law.
- Local notaries in Wohlen or nearby towns - for drafting and registering wills, obtaining certificates of inheritance and authenticating documents.
- Local lawyers specialised in inheritance law - for litigation, complex estate administration and cross-border succession matters.
- Local bar association or cantonal lawyers directory - to find qualified lawyers with experience in probate and estate matters.
- Banks and pension institutions - for their internal requirements to release funds or benefits to heirs.
If you need legal assistance with probate in Wohlen, consider the following practical next steps:
- Obtain certified copies of the death certificate from the municipal civil registry in Wohlen.
- Search for and secure any will, safe deposit boxes and important documents. Contact known notaries who may hold the deceased's testamentary documents.
- Make an inventory - list known assets, liabilities, insurance policies and account institutions. Secure property and valuables.
- Notify relevant institutions - banks, insurers, pension funds and social security offices - to determine what documentation they require.
- If there is potential dispute, complexity or cross-border elements, consult a lawyer experienced in Swiss inheritance law and in the Canton of Aargau. Ask for a written engagement, a clear fee estimate and a description of the expected steps and timing.
- If administration is straightforward and you need formal proof of entitlement, contact a notary or the competent probate authority to obtain a certificate of inheritance or similar document.
- Keep clear written records of communications, decisions by heirs, and receipts for estate expenses. Good documentation will reduce disputes and simplify accounting for the estate.
If you are uncertain how to proceed, scheduling an initial consultation with a local probate lawyer or notary will help you understand your rights, deadlines and likely costs so you can take the correct next steps with confidence.
