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Affidavit Of Self Adjudication

Affidavit Of Self Adjudication Template for Germany

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Affidavit Of Self Adjudication

"I need an Affidavit of Self Adjudication for my mother's estate in Berlin, where I am the sole heir with no other potential claimants, to handle a small property and bank account before March 2025."

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Document background
The Affidavit of Self Adjudication is a legal document utilized in Germany when an heir seeks to establish their inheritance rights without going through full probate proceedings. This document is particularly useful for straightforward inheritance cases where there is clear succession and no disputes among potential heirs. It must comply with German legal requirements, including proper notarization and adherence to the German Civil Code (BGB) provisions regarding inheritance. The affidavit contains crucial information about the deceased, the declarant's relationship to the deceased, details of the estate, and confirmations regarding other potential heirs. This document becomes especially relevant when dealing with smaller estates or when there is a clear sole heir, offering a more efficient alternative to standard probate procedures while maintaining legal validity under German law.
Suggested Sections

1. Declaration Header: Formal opening stating this is an affidavit, including date, location, and notary details

2. Declarant Information: Full legal name, address, and identification details of the person making the affidavit

3. Deceased Person Information: Details about the deceased person including full name, last address, date and place of death

4. Relationship Statement: Declaration of the relationship between the declarant and the deceased

5. Legal Basis: Citation of relevant German laws establishing the right to self-adjudicate

6. Estate Description: Description of the estate assets and their approximate values

7. Heir Statement: Declaration regarding other potential heirs and their rights or absence thereof

8. Verification: Statement verifying all information is true and correct under penalty of perjury

9. Execution: Signature block for declarant and notary, including official seals and stamps

Optional Sections

1. Will Statement: Section declaring the existence or non-existence of a will, used when relevant to the inheritance claim

2. Waiver Acknowledgments: Section acknowledging waivers from other potential heirs, included when such waivers exist

3. Tax Declaration: Statement regarding inheritance tax obligations, included when required by tax authorities

4. Foreign Law Statement: Section addressing foreign law implications, included when the deceased or assets have international connections

5. Power of Attorney: Optional section if the declarant is acting through an authorized representative

Suggested Schedules

1. Death Certificate: Certified copy of the deceased person's death certificate

2. Identity Documents: Copies of declarant's identification documents and proof of relationship

3. Asset Inventory: Detailed list of estate assets with supporting documentation

4. Family Tree: Diagram showing family relationships relevant to the inheritance claim

5. Supporting Affidavits: Any additional affidavits from family members or witnesses supporting the claim

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Legal Services

Real Estate

Financial Services

Banking

Insurance

Public Administration

Tax Advisory

Wealth Management

Property Management

Notary Services

Relevant Teams

Legal

Compliance

Administration

Finance

Property Management

Wealth Management

Document Processing

Client Services

Risk Management

Estate Administration

Relevant Roles

Legal Counsel

Estate Attorney

Notary Public

Probate Specialist

Tax Advisor

Wealth Manager

Estate Administrator

Property Manager

Compliance Officer

Legal Administrative Assistant

Real Estate Agent

Banking Officer

Trust Officer

Financial Advisor

Industries
Bürgerliches Gesetzbuch (BGB) - Book 5: German Civil Code sections §§1922-2385, covering inheritance law, succession rights, and legal procedures for establishing inheritance rights
Personenstandsgesetz (PStG): German Civil Status Act - Required for verification of death certificates and family relationships in inheritance matters
Beurkundungsgesetz (BeurkG): German Notarization Act - Governs the formal requirements for notarization of affidavits and legal declarations
Zivilprozessordnung (ZPO): German Code of Civil Procedure - Relevant sections regarding self-adjudication procedures and evidence rules
Erbschaftsteuer- und Schenkungsteuergesetz (ErbStG): German Inheritance and Gift Tax Act - Governs the tax implications of inheritance and required declarations
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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