Court Fees
Court Fees
Court fees are costs incurred during legal proceedings and payable to the state. They serve to compensate for the administrative effort incurred by the court in processing a case. The amount of the fees depends on the type of procedure and the value in dispute or assessment basis. Particularly in probate proceedings, the calculation of court fees plays a central role, as it depends on both the value of the estate and the declarations chosen by the heirs.
Court fees are state-mandated costs that must be paid when handling legal proceedings.
Flat Fee
A fee of 0.5% of the net estate assets is levied for the conduct of probate proceedings. The minimum amount is 71 Euros.
Net estate assets are defined as the surplus from assets minus liabilities, i.e., from assets minus existing debts.
However, legacies, compulsory portion claims, and administration costs and fees are not taken into account in this calculation.
If no probate proceedings take place, for example, because there are hardly any assets or the estate is surrendered in lieu of payment, this fee is waived entirely.
Assessment Basis for Fees
Court fees are always tied to the value of the estate. A distinction is made between non-agricultural property and agricultural property.
- Non-agricultural property: The scale ranges from small double-digit amounts to several thousand Euros. Depending on the value tier, fixed amounts or surcharges for additional value thresholds are calculated. The maximum value is capped at an assessment basis of €3,633,640.
- Agricultural property: For agricultural and forestry land cultivated by the deceased person themselves, the same tiers apply, but with reduced amounts. Depending on the value tier, there is a reduction of approximately €100 to over €200 compared to non-agricultural property.
More information on the tiers can be found on the page: Fees of the Court Commissioner
Expert Fees
If a court appraisal is required, for example, by a sworn expert, additional costs are incurred. This is necessary, for instance, for:
- Submission of a conditional declaration of inheritance,
- Inheritances by minors,
- Appointment of substitute heirs,
- or application for estate separation.
The amount varies greatly:
- Average appraisal (e.g., household furnishings): approx. 250 to 400 Euros
- Larger estates: approx. 1,500 Euros or more
Your Benefits with Legal Assistance
Accurately assessing the applicable court fees is often complex. Without legal advice, there is a risk of incurring unnecessary costs or missing deadlines. Furthermore, incorrect valuation of assets or debts can lead to higher fees.
With legal assistance, you receive a precise calculation, learn which types of fees are relevant in your specific case, and are guided securely through the entire process. This way, you maintain full cost control and avoid unpleasant surprises.
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