Landungsbrücken

Withdrawal/return of an order upon death from special official custody.

Withdrawing a disposition upon death (will or inheritance contract) from special official custody

Important notes

Prerequisites

  • Personal interview; However, the application for return from special official storage can also be made in writing or through a representative. The actual delivery can only be made to you personally.
  • Presentation of identity card or passport with registration certificate
  • Testamentary capacity (mental health, ability to legally draw up a will)
  • A joint will may only be returned to both spouses or life partners.
  • The return of an inheritance contract can only be made jointly to all contracting parties.

Documents required

  • Identity card or passport with registration certificate
  • Deposit receipt (This is not mandatory, but it makes it easier to find your disposition upon death)

Please note

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

Please note:
The probate court does not provide legal advice. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

No

Procedure & Fees

Procedure

If you want to withdraw a decree from special official custody upon death, we recommend proceeding as follows:

  • Please contact the relevant probate court where the will is held and arrange an appointment.
  • If you have made a joint will, all testators must demand the return and also accept the disposition jointly. This also applies if you have concluded an inheritance contract. Then all contracting parties must submit the application.
  • Please bring your ID card and, if you have one, the deposit slip with you to the appointment.
  • When the disposition is returned due to death, the legal guardian may check your testamentary capacity (mental health, ability to draw up a legally effective will). Under certain circumstances, the withdrawal from official custody also acts as a revocation of the deposited order upon death.
  • The court reports the return to the Central Register of Wills

Processing time

Normally the matter will be settled at the first consultation.

Fees

No

Legal notes

Legal remedies

If the release to the testator is refused, the judicial officer will make a decision.


The testator can lodge a temporary appeal against the rejection, §§ 58 ff., 63 FamFG, 11 RPflG.


If, according to state law, a clerk was functionally responsible instead of the judicial officer, a reminder must be submitted analogous to Section 573 ZPO.

Legal basis

Service description

If you have placed a death decree (will or inheritance contract) in special official custody at the court or it was deposited there by the notary at your request, you can have it returned from special official custody. The request can be made at any time. If you and your spouse or life partner have made a joint will upon death (joint will), it can only be returned to both of them upon mutual request.

If you have concluded an inheritance contract, all contracting parties must demand return. In certain cases, the withdrawal from official custody also means the revocation of the deposited disposition upon death, for example in the case of notarial wills. Therefore, in these constellations, the testator (author of the will) must be competent to make a testament when requesting the return (mentally healthy, able to legally draw up a will). The application can also be submitted by a representative. However, the return can only be made to the testator himself.

Public Service Disclaimer

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