Decision on the Costs of the Estate Representative

Facts

[X.] (Appellant) and [Y.] (Respondent) are the sisters and legal heirs of the late [Z.] , who passed away in 2011. In the proceedings regarding the acceptance of the inheritance, the Cantonal Court of Schwyz found that the estate was accepted under public inventory by the Appellant and unconditionally by the Respondent. On 21/24 December 2012, the Respondent requested the appointment of an estate representative. The District Court of Höfe granted the request, appointed Attorney [B.] as the estate representative, and imposed the court costs of CHF 800.-- on the estate of [Z.] . The Appellant appealed the cost allocation. The Cantonal Court dismissed the appeal and imposed the costs of the proceedings ZK2 2013 45 and 46 of CHF 1'800.-- on the Appellant, as well as an out-of-court compensation of CHF 1'500.-- to the Respondent.

Considerations

The Federal Court considers the civil law appeal inadmissible, as the amount in dispute does not reach the statutory minimum of CHF 30'000.-- and there is no legal question of fundamental importance. Instead, it accepts the submission as a subsidiary constitutional appeal. On the merits, the Federal Court makes the following findings: - The costs of the estate representation are generally borne by…