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.
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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
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
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
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