In most cases it is uncertain how long it will take to settle the estate. Among others it depends on the estate’s size.
Sometimes the deceased has more than one apartment, scattered throughout Germany and neighboring European Countries. It can be necessary to collect, list, auction and sell the personal valuables. Often houses or apartments must be vacated and sold. At times letters must be written to authorities or insurance companies. All of this can take a while.
Basically, I arrange my fee after the “Neue Rheinische Tabelle,” a table created by the German Association of Notaries. It is not only recommended by the German Association of Notaries but also recognized by the German Courts.
The “Neue Rheinische Tabelle” has a fixed basic amount remuneration and variable surcharges for individual, case related, attorney work at the same time. The surcharges are based on the case complexity.
The basic amount – based on the market value of the active estate (gross) – be determined as follows:
| estate value til | EUR 250.000,- | 4,0% |
| estate value til | EUR 500.000,- | 3,0% |
| estate value til | EUR 2.500.000,- | 2,5% |
| estate value til | EUR 5.000.000,- | 2,0% |
| estate value til | EUR 5.000.000,- | 1,5% |
estate value til EUR 250.000,- 4,0% estate value til EUR 500.000,- 3,0% estate value til EUR 2.500.000,- 2,5% estate value til EUR 5.000.000,- 2,0% estate value more than EUR 5.000.000,- 1,5%
The fee is at least the highest amount of the precursor.
Example: If the estate value is 270.000 EUR the basic amount is 10.000,00 € (= 4% – 250.000,00 EUR). For the remaining 20.000 the basic amount is (= 3% = 600 EUR). So the fee is 10.600 EUR total.
Example: If the estate value is 270.000 EUR the basic amount is 10.000,00 € (= 4% – 250.000,00 EUR). For the remaining 20.000 the basic amount is (= 3% = 600 EUR). So the fee is 10.600 EUR total.
If the case is complicated and takes a lot of time, the fee increases. Usually it is not higher than the triple of the basic amount.
For example:
Sometimes the exact value of the inheritance is uncertain, when the lawyer is hired. In those cases it is necessary to create a register. This register includes all of the active and passive estate. With the register the attorney gets an overview of the estate’s value. Among others it includes real estate, personal items, art, jewelry, furniture, cars, bank accounts, insurances as well as funeral costs, legal fee’s with, medical bills and insurance claims. Based on the register the attorney evaluates the taxes. The taxes are deductible.
Other times there is more than one heir and disputes must be solved. It can be necessary to have several conversations with the heirs in person. A partition plan must be created.
If the deceased has more than one apartment or house, scattered throughout Germany and neighboring European Countries. From time to time the deceased owns antiques, which are costlier to sell. There can be pending litigations related to the estate. Sometimes the client wants the attorney to do the estate related tax return.