Supplementary probate proceedings
Supplementary Probate Proceedings
The supplementary probate proceedings supplement the already completed estate proceedings. It begins as soon as further assets or new debts of the deceased become known subsequently. The court does not automatically consider such estate assets or estate liabilities, but only includes them in the proceedings if someone expressly reports them. It then carries out supplementary proceedings.
If assets or a new will appear subsequently, the supplementary probate proceedings ensure that the court correctly distributes the estate.
Reasons for Supplementary Probate Proceedings
Typical cases are:
- Bank balances or securities that only come to light later
- Real estate or land that was overlooked in the original proceedings
- Claims or debts that are only asserted subsequently
- Digital assets (e.g. cryptocurrencies) that only become known later
Even small asset positions can require supplementary probate proceedings, provided they are not merely insignificant.
Necessity of Supplementary Probate Proceedings
Supplementary probate proceedings are necessary if new facts emerge after the conclusion of the original proceedings that change the legal or factual basis of the estate. This concerns two constellations:
- New assets: The assets of the deceased are subsequently increased.
- New documents: The basis of distribution changes, for example due to a will drawn up later, which provides for a different result than the original legal situation.
For such cases, ordinary amendment proceedings are excluded. Only supplementary probate proceedings are permissible.
Procedure of Supplementary Probate Proceedings
The procedure is based on the original estate proceedings, but differs in some points:
- Application: Supplementary probate proceedings usually begin with an application. This can be made by any person involved (e.g. heir, creditor or court commissioner).
- Determination of the new estate object: After the find, the new asset or liability is documented and examined.
- Supplementary measures: The court commissioner can supplement the inventory or ask the heirs to submit a new declaration of assets. A supplement to the certificate of inheritance is only made in special cases.
- Correction of public registers: If it is a property, for example, the court adjusts the land register accordingly.
Jurisdiction
Jurisdiction lies in principle with the district court that also conducted the original estate proceedings. As a rule, the responsible court commissioner handles the supplementary probate proceedings.
New Heir
If a legal or testamentary heir who has not previously been involved becomes known subsequently, often only an inheritance lawsuit can be considered.
Beneficiaries of a compulsory portion, on the other hand, can, under certain conditions, file an appeal against the certificate of inheritance, especially in the event of serious procedural defects.
Deadlines
The law does not specify a rigid deadline. Nevertheless, it is recommended to report new facts quickly in order to avoid missing deadlines (e.g. for compulsory portion lawsuits or inheritance lawsuits).
New Assets
Anyone who becomes aware of previously unknown assets of the deceased should report this to the estate proceedings immediately. Anyone who deliberately conceals assets risks criminal and civil consequences.
Your Benefits with Legal Assistance
- Examination of whether supplementary probate proceedings are legally required
- Legally compliant application to the court or notary
- Representation vis-à-vis other heirs, creditors and authorities
- Examination of the effectiveness of newly emerging wills or documents
- Protection of your claims in inheritance disputes or impending limitation
