The certificate of inheritance (or heir attestation) is the official document that establishes the identity and status of the heirs of an estate. Under Swiss law, it is governed by art. 559 and 560 CC as well as cantonal procedures. This document is essential for accessing the deceased's bank assets, making amendment entries in the land registry, administering estate assets or representing the community of heirs vis-à-vis third parties. PBM Avocats in Geneva and Lausanne accompanies clients throughout this procedure and intervenes in case of dispute.
What is the Certificate of Inheritance?
The certificate of inheritance is an administrative or judicial decision that officially establishes who the heirs of the deceased are and what their share of the estate is. It is issued by the competent authority of the canton of the deceased's last domicile. In Switzerland, this authority is generally:
- In Geneva: the Justice of the Peace;
- In the canton of Vaud: the justice of the peace of the district of the last domicile;
- In other cantons: the district court, the justice of the peace or another authority according to the cantonal judicial organisation.
Documents Required for the Application
The application for a certificate of inheritance requires the gathering of the following documents:
| Document | Purpose |
|---|---|
| Death certificate | Establishes the date and place of death |
| Birth certificate of the deceased | Identification and parentage |
| Marriage/divorce certificate or registered partnership certificate | Establishes the rights of the surviving spouse |
| Birth certificates of heirs | Establishes descent of descendants |
| Will or inheritance pact (if existing) | Determines the rights of designated heirs |
| Domicile certificate of the deceased | Determines the competent authority |
| Disclaimers (if applicable) | Excludes heirs who have disclaimed |
The Procedure for Obtaining the Certificate of Inheritance
The procedure generally takes place in several stages:
- Introduction of the request: filing of the official form and required documents with the competent authority;
- Opening of the will: if a holographic will or inheritance pact has been discovered, it is submitted to the authority which proceeds with its official opening and notifies heirs and legatees;
- Opposition period: interested parties generally have a deadline to oppose the granting of the certificate;
- Granting of the certificate: in the absence of opposition or after resolution of disputed questions, the authority issues the certificate of inheritance.
The certificate of inheritance is presumed authentic against third parties (banks, land registry, pension funds) until proven otherwise. It may be cancelled or modified if errors are discovered later (newly found heir, later will, etc.).
Main Uses of the Certificate of Inheritance
The certificate of inheritance is required in many practical situations:
- Banks and financial institutions: unblocking of accounts and deposits, access to safe deposit boxes, liquidation of securities portfolios;
- Land registry: registration of heirs as new owners of the deceased's real properties (art. 656 CC);
- Tax administration: estate declaration and payment of inheritance duties where applicable;
- Pension funds: unblocking of occupational pension assets not yet paid out;
- Insurance companies: settlement of life insurance or annuity policies.
The Right to Disclaim the Inheritance (art. 566-569 CC)
Before requesting the certificate of inheritance, each heir has the right to disclaim the inheritance within a period of 3 months from becoming aware of their right to inherit (art. 567 CC). The disclaimer is irrevocable and must be declared to the competent authority. If all heirs disclaim, the estate is liquidated ex officio. If only some heirs disclaim, their share devolves to the co-heirs or, failing that, to the heirs of the next degree. Disclaimer is particularly important when the estate is over-indebted. For estates involving real property, PBM Avocats coordinates with the real estate aspects of the transmission.
Frequently Asked Questions About the Certificate of Inheritance in Switzerland
How long does it take to obtain a certificate of inheritance in Switzerland?
The deadline varies depending on the complexity of the estate and the canton. For a simple estate with a will or without testamentary disposition, the timeline is generally 4 to 8 weeks from the introduction of the request to the competent authority. For an international estate, involving a foreign will to be recognised, or raising questions about the capacity of the deceased or the validity of the will, the timeline may extend to several months. In Geneva, the procedure takes place before the Justice of the Peace; in the canton of Vaud, before the justice of the peace.
Is a certificate of inheritance always required to access the deceased's bank assets?
Yes, in the vast majority of cases. Swiss banks systematically require a certificate of inheritance before releasing a deceased person's assets. Some banks exceptionally accept simplified legitimation for very modest amounts (a few thousand francs) upon presentation of the death certificate and a civil registry extract, but this is the exception. For significant amounts, stock portfolios or safe deposit boxes, the certificate of inheritance is invariably required.
What happens if two people claim to be heirs and their rights are contested?
If the heirs' rights are contested (will whose validity is disputed, unrecognised natural children, etc.), the competent authority may suspend the procedure for granting the certificate of inheritance until the dispute is resolved by a civil court. Potential heirs may also request provisional measures to protect the estate (appointment of an estate representative, prohibition on alienation). PBM Avocats represents clients in these complex proceedings before Geneva and Vaud courts.
Is a Swiss certificate of inheritance valid abroad?
Its probative force varies by country. For international estates, certain states recognise the Swiss certificate of inheritance as equivalent to their own heir legitimation document. In EU member states, the European Certificate of Succession (ECS, EU Regulation 650/2012) is the recognised document: it is not issued by Switzerland, which is not an EU member. A Swiss heir who needs to administer assets in France or Italy will need to obtain notarial deeds or other local documents in addition to the Swiss certificate of inheritance.
Are there deadlines to respect for requesting a certificate of inheritance in Switzerland?
There is no mandatory legal deadline for requesting a certificate of inheritance in Switzerland. However, the later the request, the more complicated the steps may become (difficulties gathering documents, assets that have merged with heirs' assets, etc.). In practice, it is recommended to file the request within the weeks following the death, particularly to prevent the estate's creditors from realising assets without official legitimation. For estates with foreign assets, deadlines imposed by foreign law may also apply.