SUCCESSION
You intend to settle an existing estate
Settling an estate in Switzerland can often be achieved through straightforward formalities when all heirs are in agreement. However, when an heir refuses to cooperate, Swiss courts have the authority to step in and order the partition. Our experienced team guides you through every step, whether your case calls for an amicable resolution or requires judicial intervention.
When a person passes away in Switzerland, their estate does not settle itself. The heirs form what is known as a community of heirs and must agree on how to divide the assets and liabilities left behind. In many cases, this process can be completed smoothly through a private partition agreement, without any court involvement.
However, reality is not always that simple. Disagreements among heirs are common, whether over the valuation of real estate, the attribution of specific assets, or the interpretation of a will. When one or more heirs refuse to participate in a voluntary settlement, the law provides a clear remedy: any heir may bring an action for partition before the competent Swiss court, which will then divide the estate according to the applicable legal rules.
Our firm assists heirs at every stage of the estate settlement process. We help draft partition agreements, negotiate on your behalf with other heirs or their counsel, obtain accurate valuations of estate assets, and represent you in court proceedings when an amicable solution proves impossible. Whether the estate involves Swiss assets only or spans multiple countries, we have the expertise to protect your interests and bring the matter to a fair conclusion.
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★★★★★We often think a lawyer is there to manage cases. But this firm does much more than that: it saves people. When I arrived at Kulik Hottelier, I was exhausted, overwhelmed, lost. I didn't know where to turn anymore, and I felt like everything was against me. Yet, from the very first meeting, something changed: I found hope again. Here, you're not just a name on a file. You are heard, understood, respected, and defended with impressive determination. The follow-up is constant, responses are quick, exchanges are clear and transparent. You always know where you're going, without surprises and with confidence. Kulik Hottelier is: • exceptional legal expertise • a thoughtful, intelligent, and effective strategy • clear and honest communication at every step • and above all, a rare humanity in this profession What struck me the most? Their ability to fight without ever getting drawn into unnecessary conflicts. A firm, brilliant, and incredibly precise defense, always results-oriented, never ego-driven. In moments when I doubted, they were my pillar. In moments when I was afraid, they were my assurance. And at the decisive moment, they were the force that made all the difference. Today, I am finally turning the page. And I know that without their work, their support, and their excellence, none of this would have been possible. If you're looking for a firm that combines brains, heart, courage, and transparency, don't waste time: contact them. There are professionals… and then there are lawyers who truly change a life. This firm belongs to the second category. Thank you to Maître Sevig, Maître Hottelier, and all your teams who work behind the scenes. Your work will remain engraved in my story.
★★★★★I can only recommend this team who greatly helped me! Through their professionalism, attentiveness and good advice, but also through their flexibility and very human approach. Thank you to them!
FAQ
Frequently Asked Questions
What costs are involved in settling an estate?
The costs depend on the nature and complexity of the settlement. In an amicable partition, you can expect legal fees for drafting the agreement and notary fees if real estate is involved. If a judicial partition is required, court filing fees and potentially expert valuation costs will also apply. Our firm provides transparent fee estimates at the outset so you can make informed decisions about how to proceed.
Learn more Can an estate be settled without going to court in Switzerland?
Yes, and this is in fact the most common and recommended approach. When all heirs agree on how to divide the estate, they can sign a private partition agreement that settles everything without court involvement. A notary is only required when real estate transfers are part of the settlement. Court proceedings become necessary only when one or more heirs refuse to cooperate or when fundamental disagreements cannot be resolved through negotiation.
Learn more How are real estate and other assets valued during estate settlement?
In an amicable settlement, the heirs are free to agree on the value of each asset. When they cannot reach an agreement, or when court proceedings are involved, the fair market value applies. For real estate, this typically requires an independent appraisal. Bank accounts, securities, and business interests are valued according to established methods. Proper valuation is critical, as it directly affects the size of each heir's share.
Learn more What happens if one heir refuses to sign the partition agreement?
If an heir refuses to cooperate, the estate cannot remain in limbo indefinitely. Swiss law allows any co-heir to file an action for partition before the competent court. The judge will then determine how the assets should be divided, taking into account the legal shares, any testamentary provisions, and the specific circumstances of the case. The refusing heir will be bound by the court's decision.
Learn more How long does it take to settle an estate in Switzerland?
The timeline depends largely on whether all heirs cooperate. When everyone agrees, the estate can be divided in a matter of weeks through a private partition agreement. If disputes arise and court proceedings become necessary, the process may take anywhere from twelve months to several years, depending on the complexity of the assets involved and the level of disagreement among the parties.
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Inheritance in Switzerland: A Guide for International Families
Wills, forced heirship, cross-border estates — a clear guide to protecting your family's legacy under Swiss inheritance law.
By Damien Hottelier
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