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Affidavit Of Survivorship for Germany

Affidavit Of Survivorship Template for Germany

A formal sworn statement under German law (eidesstattliche Versicherung) used to establish the rights of a surviving joint owner after the death of a co-owner. This document, which must comply with German civil law requirements and be notarized by a German Notar, formally declares the death of a joint property owner and affirms the surviving owner's right to assume full ownership of the jointly held property. It serves as a crucial document for updating property records in the German Land Registry (Grundbuch) and managing related tax obligations under German inheritance law.

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Affidavit Of Survivorship

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What is a Affidavit Of Survivorship?

The Affidavit of Survivorship is a critical legal document used in German property law when one joint owner of a property dies and the surviving owner needs to establish their right to full ownership. This document is particularly important in the German legal system, where property transfers must be properly documented and registered in the Land Registry (Grundbuch). The affidavit includes detailed information about the deceased co-owner, the property in question, and the basis for the survivorship claim. It must be properly notarized by a German Notar and comply with the requirements of the German Civil Code (Bürgerliches Gesetzbuch). The document is typically required by land registry offices, tax authorities, and financial institutions to process the transfer of property rights and handle any related tax or financial matters.

What sections should be included in a Affidavit Of Survivorship?

1. Declarant Information: Full legal name, address, and identification details of the surviving joint owner making the affidavit

2. Property Description: Detailed description of the jointly owned property, including registration numbers, addresses, and legal descriptions

3. Declaration of Joint Ownership: Statement describing how and when the joint ownership was created, including reference to relevant deed or documentation

4. Deceased Co-Owner Information: Details about the deceased co-owner, including full name, last address, and date of death

5. Survivorship Rights Declaration: Formal statement asserting the survivor's right to full ownership under German law

6. Verification Statement: Standard declaration of truth and accuracy of the statements made under penalty of perjury

7. Notarization Block: Space for notary's official authentication as required under German law

What sections are optional to include in a Affidavit Of Survivorship?

1. Marriage Declaration: Required when the joint ownership was based on marital status, confirming the marriage was valid until death

2. Debt and Encumbrance Statement: Statement regarding any existing liens or encumbrances on the property, used when required by registration authorities

3. Tax Status Declaration: Statement regarding the payment status of property taxes and other relevant taxes, used when required by local authorities

4. Inheritance Tax Declaration: Statement regarding inheritance tax implications, required when property value exceeds certain thresholds

5. Additional Heir Statement: Declaration regarding the existence or non-existence of other potential heirs, used in complex family situations

What schedules should be included in a Affidavit Of Survivorship?

1. Death Certificate: Certified copy of the deceased co-owner's death certificate

2. Property Deed: Copy of the original deed or title document showing joint ownership

3. Marriage Certificate: If relevant, copy of marriage certificate when joint ownership was based on marital status

4. Land Registry Extract: Current extract from the German Land Registry (Grundbuch) showing current ownership status

5. Tax Clearance Certificates: If applicable, documentation showing all relevant taxes have been paid

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



















Clauses















Relevant Industries

Real Estate

Legal Services

Banking & Finance

Property Management

Public Administration

Notary Services

Tax Advisory

Estate Management

Relevant Teams

Legal

Real Estate

Property Administration

Corporate Secretariat

Tax

Compliance

Risk Management

Document Management

Relevant Roles

Real Estate Lawyer

Property Manager

Estate Administrator

Legal Counsel

Notary Public

Tax Advisor

Property Rights Specialist

Land Registry Officer

Estate Planning Attorney

Probate Administrator

Industries






Teams

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