Ordinance on Succession Proceedings - Inheritance Control and Record

1. The Partition Authority maintains an inheritance register in which it records all deaths.

2. Deaths of minors without assets are not to be recorded in the inheritance register.

3. The Partition Authority keeps a record of the proceedings of the inheritance process.

1. The division authority shall prepare an inventory of the estate after becoming aware of a death. The inventory must include a list of the assets and liabilities of the deceased. Further measures pursuant to Article 551 of the Swiss Civil Code of December 10, 1907 (CC) and § 185 of the Tax Law of November 22, 1999 (TL) are reserved.

2. The inventory shall be disclosed to all involved parties.

3. To the extent that the inventory serves tax purposes in accordance with §§ 182 et seq. TL, the provisions of the Ordinance on the Establishment of the Estate Inventory for direct federal tax of November 16, 1994, shall apply mutatis mutandis.

1. The division authority may secure assets such as securities, money, and other items through sealing or other appropriate measures. It records the securing and lists the objects individually.

2. The secured assets must be safely stored.

1. The partition authority opens the last will and testament. The opening is documented in a protocol.

2. If the last will and testament has been delivered sealed, the opening is documented, and the documents contained within the sealed envelope are listed individually in the protocol.

3. The heirs receive a copy of the last will and testament. The legatees receive the extract from the last will and testament that pertains to them.

1. The division authority may invite the heirs to a meeting if necessary to reach an agreement on the division of the inheritance.

2. The division authority leads the negotiations and advises the heirs.

3. The applications and resolutions of the heirs are recorded. Resolutions are only passed unanimously. They may also be made in writing.

1. The division authority drafts a partition agreement based on the records and the outcomes of any heir negotiations. If the heirs cannot reach an agreement, it drafts the agreement on the basis of the records and the statutory provisions.

2. The draft contract is delivered to the heirs with a deadline for acceptance or rejection, along with a notice that the contract only becomes effective if all heirs provide their unconditional written consent.

3. The heirs are informed that the records and supporting documents related to the draft contract are available for inspection.

1. Except in the cases specified by law (Art. 609 para. 1 of the Swiss Civil Code and § 77 of the Introductory Act to the Swiss Civil Code of November 20, 2000, EGZGB), no official participation shall take place.

2. If the testator has appointed an executor, the administration of the estate and the execution of the division of the inheritance shall be the responsibility of the executor.

1. The division authority determines the auction conditions for sales pursuant to Article 612, paragraph 3 of the Swiss Civil Code (ZGB). These conditions specifically regulate the amount of the minimum down payment and the security for the remaining purchase price.

2. The authority decides whether the auction should be held publicly or exclusively among the heirs.

1. The official estate administrator and the representative of the heirs are entitled to a compensation determined by the partition authority.

2. The amount of compensation is set at the discretion of the authority based on the time expended, as well as the nature and extent of the estate.

1. If the division of the estate is carried out without official involvement, the division authority shall record this in the protocol. It shall inform the heirs that the inheritance matter is concluded for the division authority.

1. In the event of an agreement, the division authority records the execution of the inheritance division contract in the protocol.

2. If the division authority has been unable to bring about an agreement, it grants the heirs a reasonable deadline to conclude the inheritance division contract. After the expiration of the deadline, it records the result in the protocol.

1. The assets secured under § 3 shall be delivered to the person authorized by the heirs to receive them after the conclusion of the distribution. The receipts of confirmation must be filed in the records.

2. If the heirs have not designated a person authorized to receive the assets, the distribution authority shall transfer the assets to the Child and Adult Protection Authority. This authority shall order the necessary measures for asset management (Art. 395 Swiss Civil Code).

1. The division authority records the manner of settlement of the inheritance case in the protocol and closes the protocol. It specifically notes that it no longer holds any assets from the inheritance and that the tax-related settlement has been completed.

2. It informs the heirs about the conclusion of the inheritance proceedings.

1. The Regulation on the Procedure in Inheritance Cases of September 6, 1965, is repealed.

1. The regulation shall enter into force on January 1, 2002. It is to be published.