Certificate of Inheritance

The certificate of inheritance in Switzerland: what it is for and how to apply

When a person passes away, their heirs become holders of all the assets and personal debtors for all the liabilities of the deceased. This transfer occurs automatically upon the opening of the succession, but in practice concrete instruments are needed in order to act. The certificate of inheritance is one of these instruments, and it is often the first document that an heir must obtain in order to manage the estate effectively.

What is the certificate of inheritance

The certificate of inheritance is a provisional certificate of legitimation issued by the competent District Court (Pretura). In simple terms, it is the document that officially confirms the status of heir. Without it, in most cases it is not possible to access the deceased's bank accounts, request the transfer of property ownership at the Land Registry, or obtain information from the tax authorities or other bodies.

The certificate attests that the persons named therein are the only known heirs, subject to the right of third parties to contest such status by means of a petition of inheritance (Art. 598 CC) or an action for annulment (Art. 519 CC).

To whom the application should be submitted

The application for issuance must be addressed to the District Court (Pretura) of the district in which the deceased had their last domicile. In the Canton of Ticino, for example, if the deceased person resided in Lugano, the competent authority is the District Court (Pretura) of the District of Lugano. The certificate is not issued automatically: a written application is required, accompanied by a number of documents. Processing times vary depending on the complexity of the case, but as a rule it takes several weeks from the submission of the complete application.

Required documents

The following documents must be enclosed with the application as a minimum:

• Original death certificate of the deceased, to be obtained from the municipality in which the death occurred.
• Copy of an identity document of the deceased and of the applicant. If possible, also of the remaining heirs.
• Document proving the family relationship with the deceased, such as the family certificate or an equivalent civil status certificate.
• Declaration of acceptance of the inheritance, if the application is submitted within three months of the death. Each heir has the right to renounce the inheritance within three months from the day on which they became aware of the death, in accordance with Art. 567 CC. Anyone who renounces will not be able to obtain the certificate.

Particular situations: foreign nationals, wills and contracts of succession

If the deceased did not hold Swiss citizenship, the District Court (Pretura) typically requires additional documents, such as apostilled or legalised foreign civil status certificates. In certain cases, it may also be necessary to produce a certificate of customary law regarding the applicable foreign law. Each case has its own particularities and must be assessed individually.

Another aspect that should not be overlooked concerns wills and contracts of succession. If the deceased had left a will (Art. 498 et seq. CC) or entered into a contract of succession (Art. 512 CC), these documents must be transmitted to the competent District Court (Pretura) for probate. This step is mandatory and conditions the issuance of the certificate of inheritance.

Why you should instruct a law firm

The procedure may appear straightforward, but in practice complications arise frequently. Missing documents, heirs resident abroad, complex family situations or the existence of contested testamentary dispositions can slow down or block the entire process. The coordination with banks, land registry offices and tax authorities also often requires professional assistance.

Hugo Haab, Attorney-at-Law, and Roberto Haab, Attorney-at-Law, of Haab Legal regularly assist clients in handling these matters, from gathering the necessary documentation to drafting the application and liaising with the District Court (Pretura). The firm, which has been active in Lugano for over forty years, has the experience required to handle even the most complex successions, including those with international elements.

If you need assistance in obtaining a certificate of inheritance or with any other matter relating to a succession, contact Haab Legal in Lugano for a consultation.

For a personal consultation: info@haablegal.ch | +41 91 913 30 70