Landungsbrücken

Special official storage of an order upon death (e.g. will)

If you want to ensure that your death disposition (e.g. your will) is found and opened in the event of inheritance, you can place it in special official custody. This also protects your death decree from forgery or loss. If your disposition upon death is...

If you want to ensure that your death disposition (e.g. your will) is found and opened in the event of inheritance, you can place it in special official custody. This also protects your death decree from forgery or loss.

If your disposition upon death is certified by a notary (notarial deed), this person will arrange for special official storage.

In the case of privately written (handwritten) wills, you can personally hand them over to the local court for special official custody.

Notaries and depository courts register death dispositions electronically in the Central Will Register. The Central Will Register contains custody information on wills, inheritance contracts and other documents relevant to succession. In the event of death, the responsible probate court and the custodian are automatically informed of the death and the registration. Probate courts can also check the will register to see whether a disposition is in official custody upon death. (Only if the death is announced here)

The contents of dispositions upon death are not shown in the will register, but are kept locked at the local court.

You do not have to do anything special to register in the will register. The depositaries are legally obliged to register. However, this does not apply to privately written wills that are not kept officially. These cannot be recorded in the Central Register of Wills.

Important notes

Prerequisites

As the author of the will (testator), you can request that your disposition be taken into special official custody upon death (will or inheritance contract).

Documents required

  • the disposition to be deposited upon death (e.g. will)
  • Birth certificate
  • ID card

Please note

In certain cases, special official storage can also be arranged by a third party if you wish. For example, when drawing up a notarial will or inheritance contract. The notary then ensures that the document is taken into special official custody.

Deadlines

No

Procedure & Fees

Procedure

If you want to file a death decree yourself, we recommend proceeding as follows:

  • Please contact your local probate court or a notary and arrange an appointment.
  • In addition to the death decree, bring your birth certificate and ID card with you to the appointment.
  • After the deposit has been made, you will receive a deposit slip as proof of the deposit.
  • You will later receive an invoice for court costs.
  • Information about your last will and testament is automatically stored online in the will register by the court or the notary.
  • For joint wills:
    • The request for custody must be signed by both parties .
    • Documents and ID cards must be presented by both parties .
    • A depository receipt will also be issued for both of them .

Processing time

Normally the matter will be settled at the first consultation.

Fees

There is a fee of EUR 75.00 for filing a will with the court. This also applies to joint wills.


The fee charged by the Federal Chamber of Notaries for registration in the Central Register of Wills is EUR 12.50. If the fee is collected directly from the person liable for the costs by the registration authority, it amounts to EUR 15.50.

Legal notes

Legal remedies

If official custody is refused, the judicial officer will make a decision. The author of the will requesting safekeeping (testator) can lodge a temporary appeal against the rejection.


If, according to state law, a clerk was functionally responsible instead of the judicial officer, a reminder must be made.

Legal basis

Public Service Disclaimer

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