About heir identification

The post-war generations have compiled tremendous wealth in Germany since 1945. Estimates show that in the first decade of this millennium, more than 15 million households in Germany should inherit more than 2 billion Euro (ZEIT, No. 18, dated April 24, 2003).

Missing wills, both World Wars, the division of Germany, migrant flows, declining number of children, increasing isolation, and singularity lead to the bequeather and their next legal kin losing contact or not even knowing each other.
 

The number of deaths that are unknown to the next inheriting relative can only be guessed at. SPÄTH (2008: Die gewerbliche Erbensuche im grenzüberschreitenden Rechtsverkehr [The Commercial Search for Heirs in Transboundary Legal Relations]) estimates that "the heirs are unknown in approximately eight percent of the roughly 800,000 annual deaths in Germany."

The primary task of the probate court and the curator of the estate appointed thereby is to safeguard and manage the estate. Searching for heirs is an additional task. If the curator does not find any or only some of the heirs, he then often brings in commercial heir identifiers in the interest of the unknown heirs.

The commercial heir identifier generally uses special knowledge, as well as literature and databases of course, that make it possible to track heirs of higher beneficiary classification domestically and abroad.

They generally work at their own financial cost risk. The heirs found thereby agree to a success fee at a percentage of 20-35% of the actual inheritance owed to the determined heir, plus the applicable tax. The percentage amount depends on the work involved, the value of the inheritance, and other factors.

Because the heir identifier's risk of even finding heirs is high, a 28% success fee is recognized as reasonable and average based on jurisprudence of the high court and also by the majority of the approx. 60-100 German heir identifiers.

No identified heir must pay financial advances. Heir determination costs are generally deductible in the actual amount paid from inheritance tax as beneficiary obligations.