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Affidavit Of Surviving Spouse for Germany

Affidavit Of Surviving Spouse Template for Germany

An Affidavit of Surviving Spouse under German law (deutsches Recht) is a formal sworn statement made by the surviving spouse of a deceased person, documenting their marital status, rights to inheritance, and related circumstances at the time of their spouse's death. This legal document, which must comply with German civil law requirements, particularly the German Civil Code (Bürgerliches Gesetzbuch - BGB), serves as official evidence in inheritance proceedings and helps establish the surviving spouse's legal rights to the deceased's estate. The document must be executed before a qualified notary and includes detailed information about the marriage, death, existing assets, and potential heirs.

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What is a Affidavit Of Surviving Spouse?

The Affidavit of Surviving Spouse is a crucial legal document required in German inheritance proceedings when a married person passes away. This document is typically needed when dealing with property transfers, accessing joint accounts, or claiming inheritance rights under German law. The affidavit contains detailed declarations about the marriage, the deceased spouse, existing assets, and potential heirs, serving as a formal verification of the surviving spouse's status and rights. It must be properly notarized according to German legal requirements and may be required by various institutions such as banks, land registries, and courts. The document plays a vital role in the probate process and helps prevent fraudulent claims by providing authenticated information about the surviving spouse's legal standing.

What sections should be included in a Affidavit Of Surviving Spouse?

1. Declaration Header: Formal introduction stating the document type and the declarant's full legal name

2. Personal Information: Declarant's full details including current address, date of birth, and citizenship

3. Marriage Details: Information about the marriage including date, place, and type of marriage contract if any

4. Deceased Spouse Information: Full details of the deceased spouse including their last address, date and place of death

5. Death Certificate Reference: Details of the death certificate including issuing authority and registration number

6. Marriage Status Declaration: Confirmation that the marriage was still valid at time of death and no divorce proceedings were pending

7. Inheritance Status: Statement regarding existence or absence of a will and other potential heirs

8. Property Declaration: General statement about joint property and deceased's assets

9. Verification Statement: Formal statement confirming all information is true and correct under penalty of perjury

10. Signature Block: Space for declarant's signature, date, and notary certification

What sections are optional to include in a Affidavit Of Surviving Spouse?

1. Children Declaration: Required if there are children from the marriage or deceased's previous marriages, listing all living descendants

2. Previous Marriages: Include if either spouse was previously married, with details of how previous marriages ended

3. Special Property Arrangements: Required if spouses had a marriage contract (Ehevertrag) with special property arrangements

4. Business Interests: Include if deceased had business ownership interests that affect inheritance

5. Foreign Assets: Required if deceased owned assets in countries other than Germany

What schedules should be included in a Affidavit Of Surviving Spouse?

1. Document Inventory: List of all supporting documents attached to the affidavit (death certificate, marriage certificate, etc.)

2. Asset Schedule: Detailed listing of deceased's assets and property, if required by local authorities

3. Heir Information: Detailed information about all known heirs and their relationships to the deceased

4. Certificate Copies: Certified copies of relevant certificates (death, marriage, birth certificates of children if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions






















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Relevant Industries

Legal Services

Banking

Real Estate

Insurance

Public Administration

Notary Services

Financial Services

Estate Management

Property Management

Relevant Teams

Legal

Compliance

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Estate Administration

Property Administration

Document Processing

Client Services

Risk Management

Probate Administration

Relevant Roles

Estate Attorney

Probate Lawyer

Legal Administrative Assistant

Notary Public

Estate Administrator

Property Manager

Bank Officer

Inheritance Specialist

Legal Compliance Officer

Court Clerk

Trust Officer

Wealth Manager

Family Law Attorney

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