The term “estate” refers to the inheritable – i.e. not highly personal – rights and obligations at the time of the decedent’s death. In particular, a distinction must be made between rights and obligations under public law and those under private law.
Although public rights and duties are not inheritable in principle, they are usually of a highly personal nature, which results in their non-inheritability. For example, the right to vote or to hold academic degrees cannot be inherited. Fines also do not pass to the heir, but tax debts can be inherited.
Unlike rights and obligations under public law, rights and obligations under private law are inheritable in principle – this applies in particular to ownership, property, and claims and liabilities. Claims for damages and compensation for pain and suffering are therefore inheritable, but not the right to maintenance.
