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Old 21.05.2018, 23:36
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Will/Probate question

Greetings all......can anyone give me a brief outline and timeline of the
probate process in Switzerland concerning someone that died with a will?
I am not currently in the country so I have no idea how it works. When does the notary send copies of will to heirs? What happens after notary files will
with justice of the peace? How long does it take to get inheritance? Any info would be greatly appreciated.....thanks in advance.
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Old 22.05.2018, 08:00
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Re: Will/Probate question

In my experiences, at least a year.

Tom
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Old 22.05.2018, 12:42
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Re: Will/Probate question

This link to Swiss Authorities Online (ch.ch) might answer some of your questions regarding the certificate of inheritance in Switzerland:

https://www.ch.ch/en/requesting-a-ce...f-inheritance/

Note that until the assets are distributed to the heirs that the heirs are in a partnership-like entity called an Erbgemeinschaft. Decisions must be made jointly by this group. It is dissolved when the assets are distributed.

There are times when heirs do not wish to be part of an inheritance, often because the deceased was indebted, i.e., heirs inherit debts in Switzerland unless disclaimed. This link discusses rejecting an inheritance:

https://www.ch.ch/en/disclaiming-an-inheritance/
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Old 22.05.2018, 13:12
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Re: Will/Probate question

It generally takes about a year just to clear the will (to be sure that there are no others), then, if there are no objections to the will, a certificate of inheritance can be issued, at which point assets (or expenses) can be distributed, property sold to be distrubeted, etc.

Tom
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Old 22.05.2018, 13:19
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Re: Will/Probate question

Depends on how complicated it all is, both assets and beneficiaries. A simple one CAN be sorted in maybe 4 or 5 months (personal experience)
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Old 22.05.2018, 13:46
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Re: Will/Probate question

Must depend on the canton, as my SIL's was quite simple, with only her kids as heirs, and still took over a year here.

Tom
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Old 22.05.2018, 14:25
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Re: Will/Probate question

Thanks for your replies. There is an executor and no debt. Do you know when the heirs are supposed to receive copy of will after death from notary? Isnt that supposed to be handled fairly quickly after notary files will with courts?
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Old 22.05.2018, 16:39
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Re: Will/Probate question

They should see it before hand so that they can sign off on it so that the notary can then apply for the inheritance certificate.

At least, that is what happened in MIL's case.

And again, a bit over a year after her death (14 months).

Tom
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Old 22.05.2018, 17:52
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Re: Will/Probate question

In the event that there is a Will, it is normally filed with a court which then reviews and compares it to a list of legally-required heirs (blood relatives). Determination of the legally-required heirs from civil records takes time and, according to this document, can take six to 12 weeks even for simple determinations:

http://www.gerichte-zh.ch/fileadmin/...chein_allg.pdf

The court typically will then publish a notice in an official gazette allowing 30 days for possible heirs to contest the Will. Only after this period has run out can the heirs in the Will and legally-required heirs apply for a certificate of inheritance.

In cases where the Swiss civil records are incomplete regarding blood relatives/ legally-required heirs, the search can go on for some time, even possibly a year or longer. Notices are sometimes published in foreign newspapers in an attempt to locate missing legal heirs.

To speed up the process, heirs can assist the court by advising it of unknown/ missing legal heirs and missing heirs named in the Will.
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Old 22.05.2018, 18:38
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Re: Will/Probate question

If if a will is filed, there may be other, later, unfiled wills that may supercede it.

In MIL's case, there were 5 total, though the last was declared invalid, so the fourth was taken as a base, but as it did not correctly address the issues with the legally-required heirs, it was only partially valid (i.e. it only applied to the 'free' part).

Tom
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Old 22.05.2018, 23:26
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Re: Will/Probate question

So 6-12 weeks just for me to get sent a copy?
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