Under German law, heirs and relatives are required to settle the affairs of the estate independently. As a rule, no mediating support from the authorities or the probate court is to be expected, unless this is expressly requested by the parties involved and the conditions for intervention by the authorities are met.
When can a curator of the estate be appointed?
If the heirs are unknown, the probate court must ensure that the estate is secured if there is a need to do so.
Who can be appointed as guardian of the estate?
The tasks of a curator of an estate can be demanding and fraught with liability, particularly in the case of large estates. Pursuant to Section 1779 of the German Civil Code (BGB), the court should select a suitable person who is qualified to take on the tasks of the curator of the estate in terms of their personal circumstances and financial situation.
The judicial officer at the probate court selects and appoints the guardian of the estate.
In practice, it is often the case that tried-and-tested persons who have already taken on estate administration in the past are used. Tax advisors or lawyers are often appointed.
It should be noted that there is no legal entitlement to be appointed as a curator in a specific estate matter. Rather, the selection is made on the basis of the obvious interest of a suitable person in taking on the role.
Conflicts of interest are also avoided during the selection process. For example, persons who have a claim against the estate cannot be considered as curators from the outset.
In the case of particularly wealthy estates, the appointment of a curator can sometimes be made dependent on whether this person can provide proof of financial loss liability insurance with a correspondingly high sum insured.
What tasks does the curator of the estate have?
The curator of the estate is responsible for safeguarding the property interests of the (as yet unknown) heirs and for identifying the heirs.
In order to be able to fulfil his or her duties, the curator of the estate can first take possession of the estate. This right of possession also includes a claim to the surrender of the estate items against anyone.
In addition, the probate court can secure the estate in accordance with Section 1960 (2) of the German Civil Code (BGB), in particular by affixing seals, depositing money, securities and valuables and ordering the recording of an inventory of the estate.
How is a curator of an estate remunerated?
There is no explicit statutory regulation for the amount of the estate administrator's remuneration. Rather, the provisions for the remuneration of a family law guardian are used for the remuneration of a guardian of the estate. § Section 1915 (1) BGB refers to Section 1836 BGB in guardianship law. According to this provision, the professional guardian can generally claim remuneration.
The amount of remuneration is determined according to three criteria:
- The scope of probate administration
- Difficulty of estate administration
- Expertise of the estate administrator
In Germany, the probate courts implement these legislative requirements for determining the remuneration of the estate administrator in very different ways. In some cases, the courts have developed entire remuneration tables such as the „Berlin Remuneration Table“. In its ruling of 5 March 2014, the Higher Regional Court of Düsseldorf deemed an hourly rate of EUR 75 to be appropriate (ref. no.: I-3 Wx 245/13).
The claim for compensation is directed against the estate. If there are insufficient assets in the estate, the claim must be directed against the state treasury.
When is the administration of the estate terminated?
According to the wording of Section 1960 (1) of the German Civil Code (BGB), the guardianship of the estate must take care of the estate until the heirs accept the inheritance.
Furthermore, the guardianship of the estate is cancelled if the heir is identified by the guardian of the estate.