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Affidavit For Collection Of Personal Property for Germany

Affidavit For Collection Of Personal Property Template for Germany

A formal sworn statement used under German law (Bürgerliches Gesetzbuch) that enables an entitled person to collect personal property belonging to a deceased individual. The document serves as a legal declaration confirming the declarant's right to receive specific personal property, typically used in cases involving smaller estates where a formal probate process may not be necessary. It must comply with German notarization requirements and includes detailed information about the declarant, the deceased, the property in question, and statements regarding legal authority and indemnification.

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Affidavit For Collection Of Personal Property

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What is a Affidavit For Collection Of Personal Property?

The Affidavit For Collection Of Personal Property is a crucial document used in German estate administration when formal probate proceedings are either unnecessary or can be simplified. This document becomes relevant when dealing with smaller estates or specific personal property items that need to be transferred to rightful heirs or entitled persons. Under German law, this affidavit serves as a legal alternative to full probate proceedings, particularly when the estate's value falls below certain thresholds or when immediate access to personal property is necessary. The document must be properly executed before a German notary and includes detailed information about the declarant's right to collect property, descriptions of the property involved, and necessary legal declarations regarding other potential heirs and indemnification provisions.

What sections should be included in a Affidavit For Collection Of Personal Property?

1. Title and Declaration Statement: Formal opening stating this is an affidavit, including the date and jurisdiction

2. Declarant Information: Full legal name, address, and identification details of the person making the affidavit

3. Relationship Statement: Description of the relationship to the deceased and basis for right to collect property

4. Deceased Person Information: Full details of the deceased person including date and place of death

5. Property Description: Detailed description of the personal property to be collected

6. Value Statement: Declaration of the approximate total value of the property

7. Legal Authority: Statement establishing legal right to collect property under German law

8. No Will Statement: Declaration that no will exists or that small estate procedures apply

9. Other Heirs Statement: Declaration regarding other potential heirs and their rights

10. Indemnification: Statement protecting the current property holder upon release

11. Verification: Formal statement of truth and accuracy of the contained information

12. Signature Block: Space for signature, date, and notarization

What sections are optional to include in a Affidavit For Collection Of Personal Property?

1. Power of Attorney Reference: Required when declarant is acting on behalf of another entitled person

2. Spousal Rights Statement: Required when the declarant is a surviving spouse claiming under marital property rights

3. Debt Statement: Statement regarding deceased's debts, required when relevant to property collection

4. Prior Collection Statement: Declaration about any previous collection of property from the estate

5. Translation Certificate: Required when the affidavit needs to be used in both German and English

What schedules should be included in a Affidavit For Collection Of Personal Property?

1. Schedule A - Property Inventory: Detailed itemized list of all personal property to be collected

2. Schedule B - Supporting Documents: List of attached documents such as death certificate, ID documents, proof of relationship

3. Schedule C - Heir Declarations: Written statements or waivers from other potential heirs if applicable

4. Appendix 1 - Certified Translations: Official translations of any documents not in German

5. Appendix 2 - Legal Basis: References to relevant German legal provisions supporting the collection right

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Affidavit

Sector

Personal

Cost

Free to use
Relevant legal definitions

























Clauses




















Relevant Industries

Legal Services

Banking and Financial Services

Estate Management

Public Administration

Insurance

Real Estate

Personal Property Management

Professional Services

Notary Services

Translation Services

Relevant Teams

Legal

Compliance

Administrative Services

Document Processing

Estate Administration

Wealth Management

Client Services

Risk Management

International Relations

Translation Services

Relevant Roles

Estate Administrator

Legal Counsel

Notary Public

Probate Clerk

Bank Manager

Property Manager

Legal Assistant

Estate Planning Attorney

Wealth Manager

Trust Officer

Administrative Officer

Compliance Officer

Document Specialist

Legal Translator

Court Clerk

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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