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Court Commissioner’s Fees

Court Commissioner’s Fees
Legal Basis and Fundamental Principle
- Scale for Non-Agricultural Property
- Scale for Agricultural Property
Practical Advice for Cost Planning
Your Benefits with Legal Assistance
Frequently Asked Questions – FAQ

Court Commissioner’s Fees

The Court Commissioner’s fees are the costs incurred for the official acts of the notary as Court Commissioner within the scope of probate proceedings. The notary acts on behalf of the probate court. Their remuneration is governed by the Court Commissioner Tariff Act (GKTG) and is determined by the court. The amount of the fees is based on the value of the estate and can be increased by surcharges up to double the fee in particularly extensive or complex proceedings.

Court Commissioner’s fees are the legally regulated costs for the notary’s activities in probate proceedings.

Court Commissioner's Fees explained simply: Costs in probate proceedings, tiered structure, flat fee, and surcharges.

Legal Basis and Fundamental Principle

The assessment follows a scale linked to the net value of the estate. The principle is simple. If the value increases, the basic fee also rises incrementally. Furthermore, if there is exceptional difficulty or the proceedings are of considerable scope, a surcharge can be imposed, extending up to double the fee. This system creates predictability, but it requires a precise valuation and correct assignment to the appropriate tariff system.

Assessment Basis for Fees

The fees are linked to the value of the estate. A distinction is made between:

Scale for Non-Agricultural Property

The fee is based on the value of the estate’s assets. The following list provides an overview of the most important tiers:

over €40 to €70: €13.10
over €70 to €110: €19.70
over €110 to €150: €26.20
from €150 to €1,090: for every additional €70: + €9.90 more
from €1,090 to €2,180: for every additional €180: + €17.10 more
from €2,180 to €4,360: for every additional €360: + €26.20 more
from €4,360 to €5,090: an additional €34.80
from €5,090 to €7,270: for every additional €730: + €43.50 more
from €7,270 to €36,340: for every additional €1,820: + €54.20 more
from €36,340 to €50,870: for every additional €3,630: + €45.00 more
from €50,870 to €72,670: for every additional €3,630: + €41.80 more
from €72,670 to €363,360: €6,540.00: for every additional €7,270: + €42.60 more
from €363,360: for every additional €7,270: +€43.50 more
Maximum value: capped at an assessment basis of €3,633,640

Assessment Basis:

The assessment basis results in a fee of: –

Peter Harlander
Harlander & Partner Rechtsanwälte „Die genaue Anwendung der Tarifstufen ist für Laien kaum durchschaubar. Schon kleine Bewertungsunterschiede können die Kosten spürbar erhöhen.“

Scale for Agricultural Property

For agricultural and forestry properties that the deceased person managed themselves, the same tiers apply as above – however, with reduced amounts. The deductions range between approximately €100 and over €200, depending on the value tier, compared to non-agricultural property.

over €40 to €70: €8.30
over €70 to €110: €12.40
over €110 to €150: €16.50
from €150 to €1,090: for every additional €70: + €6.60 more
from €1,090 to €2,180: for every additional €180: + €13.10 more
from €2,180 to €4,360: for every additional €360: + €20.30 more
from €4,360 to €5,090: the fee for non-agricultural assets is reduced by €98.20
from €5,090 to €1,090,090: the fee for non-agricultural assets is reduced by €122.80
from €1,090,090: the fee for non-agricultural assets is reduced by €245.30

Court Flat Fee

Irrespective of the Court Commissioner’s fees, a court flat fee of 0.5% of the net estate assets is incurred for the conduct of probate proceedings, with a minimum of €71.
The basis for calculation is the net assets: assets minus liabilities. Compulsory portions, legacies, and administration costs are not deductible.
If no probate proceedings take place, for example, because there are no or only minimal assets, the flat fee is waived.

Practical Advice for Cost Planning

Clarify valuation early: A comprehensible valuation prevents later disputes.
Apply the scale correctly: Non-agricultural and agricultural property differ only in the amount of the fees.
Review surcharges: A surcharge must be justified and cannot be levied as a flat rate.
Factor in the court flat fee: This is incurred in addition to the Court Commissioner’s fees, provided that probate proceedings take place.

Your Benefits with Legal Assistance

The fee schedule for Court Commissioners is difficult for laypersons to comprehend. A lawyer can estimate the expected costs in advance, legally review surcharges, and ensure that no inadmissible claims are made. Furthermore, we can safeguard your economic interests by precisely distinguishing between Court Commissioner’s fees, court fees, and other costs.

Sebastian Riedlmair
Harlander & Partner Attorneys „Wer die Zuschläge kritisch prüft und rechtzeitig anwaltliche Hilfe einholt, verhindert unzulässige Mehrforderungen und schafft Kostentransparenz.“

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Frequently Asked Questions – FAQ

How are the Court Commissioner’s fees calculated?

The fees are governed by the Court Commissioner Tariff Act (GKTG). They are based on the value of the estate and increase incrementally. In cases of extensive scope or particular difficulty, a surcharge of up to double the fee may be requested.

Who bears the costs of the Court Commissioner?

The fees are part of the costs of the probate proceedings. They are generally paid from the estate and thus reduce the assets distributed to the heirs.

Do the fees differ for agricultural property?

Yes. Reduced fees apply to agricultural and forestry properties that were managed by the deceased themselves. The calculation logic is the same, but the amounts are lower.

Is a court fee also incurred in addition to the Court Commissioner’s fee?

Yes. For the probate proceedings, a flat fee of 0.5% of the net estate assets is due, with a minimum of €71. This is only incurred if proceedings actually take place.

What additional costs can arise in probate proceedings?

In addition to the Court Commissioner’s fees and the flat fee, expert costs may also be incurred, for example, for the valuation of real estate or inventory. These usually range between €200 and €400, and can be higher for large estates.

Can the Court Commissioner’s fees be challenged?

Yes. Surcharges or the amount of the fee can be reviewed. If the calculation is incorrect or a surcharge has not been sufficiently justified, there is the possibility of legal challenge.

Are compulsory portions or legacies relevant for fee calculation?

No. For the court flat fee, the net assets are determined by deducting debts. Compulsory portions, legacies, or administration costs do not reduce the assessment basis.

How can heirs estimate the fees in advance?

The costs can generally be calculated based on the scale stipulated in the GKTG. Legal advice helps to determine the correct value tier and realistically assess possible surcharges.

What advantages does legal support offer regarding fee matters?

A lawyer reviews the calculation, ensures that no excessive claims arise, and represents the interests of the heirs in disputes over surcharges or expert costs.