A Death in the Family: The First Steps

When Someone Dies, There Is Little Time for Formalities

A death in the family is first and foremost a personal loss – and only secondarily a legal process. Nevertheless, the law requires certain steps in the first days and weeks that cannot be postponed. This overview structures the most important tasks of the first 30 days or so. It does not replace advice on your individual situation, but it helps you keep track.

The First Hours and Days

1. Medical Death Certificate

If a person dies at home, a doctor must be called first to issue the medical death certificate. In a hospital or care home, the institution usually takes care of this.

2. Notifying the Civil Registry Office

The death must be reported to the civil registry office at the place of death, as a rule within two days. If the death occurs in a hospital or care home, the institution usually files the report; if it occurs at home, this falls to the relatives. The civil registry office issues the official death certificate, which you will need repeatedly later on – for banks, insurers and the certificate of inheritance.

3. Arranging the Funeral

The funeral office of the municipality of residence is responsible for burial matters. Check whether the deceased left instructions, for instance in a funeral directive or an advance planning file. A funeral home can take over many practical tasks.

4. Securing Documents, Discarding Nothing

Secure important documents: will, inheritance contract, marital agreement, insurance policies, bank records, powers of attorney, lease. Do not throw anything away at this stage and do not distribute any items from the estate – this can have consequences under inheritance law (more on this below).

The First Week: Will and Authorities

Submitting the Will – a Legal Obligation

Anyone who finds or holds a will is legally obliged to submit it to the competent authority (Art. 556 Swiss Civil Code) – even if it appears invalid or outdated at first glance. Depending on the canton, the competent authority is the inheritance office, the district court or another authority at the deceased's last domicile. The authority opens the will and informs the parties of its content (Art. 557 et seq. Swiss Civil Code).

Executor of the Will

If the deceased appointed an executor in the will (Art. 517 et seq. Swiss Civil Code), the authority informs that person of the mandate. The executor administers the estate, pays debts and prepares the division. The heirs retain their rights of oversight. The executor must declare within 14 days of notification whether the mandate is accepted; silence counts as acceptance.

Dealing with Ongoing Obligations

Notify in good time: employer, OASI compensation office, pension fund, health and other insurers, banks, postal service, landlord. Standing orders and subscriptions should be reviewed but not terminated hastily – some contracts continue by operation of law or pass to the community of heirs.

The First 30 Days: Key Decisions Under Inheritance Law

Applying for the Certificate of Inheritance

The certificate of inheritance (Art. 559 Swiss Civil Code) identifies who is considered an heir. Banks and land registries require it before providing information or allowing dispositions. It is issued by the competent authority on request, as a rule after the one-month objection period following the opening of the will has expired. Until then, the deceased's accounts are usually blocked; banks will, however, typically still execute unavoidable payments such as funeral costs.

Acceptance or Disclaimer: The Deadline Under Art. 567 Swiss Civil Code

Heirs acquire the estate by operation of law – with all assets and liabilities, including any debts. Anyone who does not wish to accept the inheritance may disclaim it. The deadline for this is three months (Art. 567 Swiss Civil Code). For statutory heirs it generally starts when they learn of the death; for appointed heirs, when they are officially notified of the disposition.

Two points are particularly important here:

1. Be careful with any dealings in the estate. Anyone who interferes in the affairs of the estate – for instance by taking or distributing estate assets – may forfeit the right to disclaim (Art. 571 para. 2 Swiss Civil Code). Pure administrative acts are permitted, but the line can be difficult to draw in individual cases.
2. If the financial situation is unclear: public inventory. Where there is uncertainty about debts, a public inventory can be requested within one month (Art. 580 et seq. Swiss Civil Code). The inheritance can then be accepted subject to the public inventory, which in principle limits liability to the recorded debts.

If the deceased was manifestly insolvent, disclaimer is presumed by law (Art. 566 para. 2 Swiss Civil Code).

Taxes and Administration

The deceased's tax return must be prepared up to the date of death; many cantons also require a tax inventory or an estate notification. Until the division, the community of heirs administers the estate jointly; decisions generally require unanimity.

Checklist: The First 30 Days at a Glance

1. Arrange for the medical death certificate
2. Report the death to the civil registry office, order the death certificate
3. Arrange the funeral with the municipal funeral office
4. Secure documents, do not distribute anything from the estate
5. Submit the will to the competent authority (Art. 556 Swiss Civil Code)
6. Notify employer, OASI, pension fund, insurers, banks, landlord
7. Apply for the certificate of inheritance (Art. 559 Swiss Civil Code)
8. Observe the three-month disclaimer deadline (Art. 567 Swiss Civil Code); consider a public inventory if in doubt
9. Clarify tax obligations and estate administration

When Legal Support Makes Sense

Many steps can be handled without legal assistance. Legal support is generally advisable where a will is unclear or contested, where debts are at issue, where a community of heirs cannot reach agreement, or where company shares or real estate form part of the estate. You will find an overview of our work under Inheritance Law and Estate Planning.

If you are in such a situation and have questions, please reach out via our contact page. We will discuss with you which deadlines apply in your case and which steps are actually necessary.