The Affidavit for Legal Heir is a critical legal document used in German inheritance proceedings when individuals need to establish their legal right to inherit assets from a deceased person. This document becomes necessary when heirs need to prove their entitlement to banks, property registries, government authorities, or other institutions that hold or manage the deceased's assets. The affidavit must comply with German inheritance law (Erbrecht) as codified in the German Civil Code (BGB) and includes detailed information about the deceased, the family structure, and the basis for the inheritance claim. It requires notarization and is often accompanied by supporting documentation such as death certificates, marriage certificates, and other relevant family documents. The affidavit serves as a formal declaration under oath, carrying legal consequences for false statements.
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1. Declaration Header: Formal opening stating this is an affidavit, including date and place of execution
2. Deponent Details: Full legal name, address, and identification details of the person making the affidavit
3. Deceased Person's Details: Full name, last address, date and place of death of the deceased person
4. Relationship Statement: Clear statement of the relationship between the deponent and the deceased
5. Details of Death: Circumstances of death, including whether the deceased left a will or died intestate
6. Family Information: Complete family tree of the deceased, including spouse, children, and other relevant relatives
7. Inheritance Claim: Legal basis for the heir claim under German inheritance law
8. Asset Declaration: Known assets of the deceased within Germany
9. Verification Statement: Formal statement verifying all information is true and correct under penalty of perjury
10. Signature Block: Space for deponent's signature, witness/notary details, and official stamps
1. Multiple Heirs Declaration: Required when there are multiple legal heirs, detailing their relationships and shares
2. Will Reference: Include when there is an existing will, providing details of the will and its location
3. Foreign Assets: Required when the deceased owned assets in countries other than Germany
4. Renunciation Statements: Include when any potential heirs have renounced their inheritance rights
5. Previous Marriages: Required when the deceased had previous marriages that might affect inheritance
6. Business Interests: Include when the deceased owned business interests requiring special handling
1. Death Certificate: Certified copy of the death certificate with German translation if foreign
2. Identity Documents: Copies of deponent's identification documents and proof of address
3. Family Documents: Marriage certificates, birth certificates, and other documents proving family relationships
4. Will Documents: Copies of will and related probate documents if applicable
5. Asset Documentation: List and proof of deceased's assets, including property documents, bank statements
6. Inheritance Tax Declaration: Required forms for German inheritance tax purposes
7. Renunciation Certificates: If applicable, official documents showing inheritance renunciation by other potential heirs
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