Following a death in Switzerland, Swiss inheritance law establishes a strict duty of delivery (Art. 556 of the Swiss Civil Code / ZGB): Anyone who holds or discovers a testamentary disposition of the deceased—whether a family member, notary, hospital, or executor—must submit the original document immediately and without delay to the competent cantonal probate authority (e.g., Erbschaftsamt, District Court, or Justice of the Peace). Withholding or concealing a will constitutes a criminal offense and results in statutory unworthiness to inherit (Art. 540 ZGB).

Upon receiving the will, the authority initiates the official probate and will opening procedure (Testamentseröffnung, Art. 557 ZGB) within approximately one month, delivering certified copies of the will and the opening minutes to all legal heirs, instituted heirs, and legatees by registered post.

Key Steps in the Swiss Probate Sequence:

  • Step 1: Submission (Art. 556 ZGB): Immediate delivery of the original handwritten will to the probate court.
  • Step 2: Official Will Opening (Art. 557 ZGB): Formal court notification to all entitled heirs.
  • Step 3: Disclaimer Window (Art. 566 ZGB): 3-month statutory deadline to renounce an insolvent estate.
  • Step 4: Certificate of Heirship (Erbschein): Official document granting bank access and title transfers.

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1. Competent Cantonal Probate Authorities

The competent authority is determined by the deceased's last official canton of residence:

  • Canton of Zurich: The local municipal Notary Office (Notariat).
  • Canton of Bern & Basel-City: The regional Probate Office / Civil District Court.
  • Romandie (Vaud, Geneva): The Justice of the Peace (Justice de paix) or designated notary.

2. Chronological Timeline of Swiss Probate Proceedings

Phase Procedural Action Statutory Timeline (ZGB)
1. Submission Delivery of original will to probate authority Immediately upon discovery
2. Opening & Notification Court opens will and sends certified copy to heirs Within approx. 30 days
3. Estate Disclaimer Heirs may renounce succession (in case of debt) 3 months from notification
4. Certificate of Heirship Issuance of definitive Erbschein to unfreeze bank accounts After expiry of the 30-day objection notice

Safekeeping Recommendation: To ensure your will is never misplaced after death, official registration and cantonal deposit is strongly advised. Read our guide: Where should I register and store my will in Switzerland?

3. Probate Court Opening Fees in Switzerland

Court fees for opening a will are regulated cantonally and typically range between CHF 200 and CHF 800. These procedural costs are paid directly from estate assets prior to division among heirs.

4. Frozen Bank Accounts and the Role of the Executor

Upon learning of a client's death, Swiss financial institutions immediately freeze all individual bank accounts. Assets can only be released upon presentation of the definitive Certificate of Heirship (Erbschein) or by an appointed Swiss executor (Willensvollstrecker) wielding official court credentials.

Frequently Asked Questions

What happens if someone conceals a Swiss will?

Intentionally hiding, suppressing, or destroying a will triggers criminal prosecution and forfeits all inheritance rights under Art. 540 ZGB (unworthiness to inherit).

Do heirs need to appear in court in person?

No. Formal in-person courtroom readings are obsolete in Switzerland. The probate office opens the document and serves certified copies to all beneficiaries by registered mail.

What is the statute of limitations to contest an opened will?

An action for declaration of invalidity or an abatement action must be filed within one year from the day the claimant learned of the disposition (Art. 521 / Art. 533 ZGB).

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