Court Commissioner’s Fees

Court Commissioner’s Fees

The court commissioner’s fees are those costs incurred in the estate proceedings for the official acts of the notary as court commissioner. The notary acts on behalf of the probate court. The remuneration is governed by the Court Commissioner Tariff Act (GKTG) and is determined by the court upon the notary’s application. The assessment basis is decisive, which is based on the determined value of the object. In the case of estates, this generally refers to the value of the assets, whereby debts are generally not deducted for fee assessment purposes. In addition, court fees, cash expenses, and value-added tax must be reimbursed.

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 pure value of the estate. The principle is simple. As the value increases, the basic fee also increases incrementally. And if there is additional extraordinary difficulty or the proceedings are of considerable scope, a surcharge may be imposed amounting to up to double the fee. This system creates predictability, but it requires accurate valuation and correct allocation to the appropriate tariff system.

All parties directly involved in the proceedings are jointly obligated to pay the fee. This means that the court can generally demand payment from any party involved. Internally, compensation may occur later, but legally the payment obligation initially exists jointly and severally.

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:

Rechtsanwalt Peter Harlander Peter Harlander
Harlander & Partner Rechtsanwälte „The precise application of the tariff levels is hardly comprehensible for laypersons. Even small valuation differences can noticeably increase costs. “

Scale for Agricultural Property

For agricultural and forestry properties that were predominantly managed by the deceased person themselves, separate tariff levels apply. From a certain value, the calculation is made as a deduction from the fee for non-agricultural property.

Court Flat Fee

Regardless of the court commissioner’s fees, a court flat-rate fee of 0.5 percent of the net estate assets is charged for conducting an estate hearing, but at least 95 euros.
The calculation basis is the net assets: assets minus liabilities. Compulsory portion rights, legacies, and estate administration costs are not deductible.
If no estate hearing takes place, for example because there are no or only minimal assets, the flat-rate fee does not apply.

Additional Costs

In addition to the tariff-based fee, further costs may be incurred. These include in particular court fees, postage fees, costs of necessary investigations, as well as travel expenses, additional meal costs, accommodation costs, and other cash expenses. Value-added tax must also be reimbursed. These items are not covered by the basic fee but are added separately.

For individual official acts in estate proceedings, separate fees may arise. For a transfer protocol, an official certificate, or a European Certificate of Succession, an additional fee of 30 percent of the fee that would apply for the death record is charged in each case. For other official acts such as valuations, the recording of a declaration of inheritance, or the preparation of an asset declaration, the fee is generally 30 percent of the fee for conducting the estate proceedings. If an inventory is prepared alone, the fee is 40 percent; valuations associated with the inventory are not charged additionally.

In addition, the notary may claim remuneration under the Notary Tariff Act for certain activities, such as the management of money, securities, or valuables. For certain land register entries, remuneration under the Lawyers’ Tariff Act may also be incurred if such applications are required in the proceedings. These claims exist in addition to the fees under the Court Commissioner Tariff Act.

Practical Advice for Cost Planning

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.

Attorney Sebastian Riedlmair Sebastian Riedlmair
Harlander & Partner Attorneys „Those who critically examine surcharges and seek legal assistance in a timely manner prevent inadmissible additional demands and create cost transparency.“
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