Testament Verwahrung

§ Section 2248 of the German Civil Code (BGB)
§§ Sections 344, 346, 347 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)

If you want to ensure that your disposition of property upon death (e.g. your handwritten will) is found and opened in the event of inheritance, you can place it in special official safekeeping. Special official custody at court also protects your will against forgery or loss. The deposit of wills is also recorded in the Central Register of Wills.

• birth certificate
• identity card
• The disposition of property upon death to be deposited

- Request by the testator that his/her disposition of property upon death be placed in special official safekeeping (it is generally advisable to appear in person at the probate court; however, a written request or representation is also possible).

- If the disposition of property upon death was drawn up by a notary, the notary will generally take the necessary steps.

- Referral to the competent probate court, § 344 FamFG.

- Proof of identity by presenting an identity card and birth certificate.

- Presentation of the disposition of property upon death to be deposited.

If you wish to make a disposition of property upon death yourself, we recommend that you proceed as follows:

- Please contact the probate court responsible for you and make an appointment.

- Please bring your birth certificate and identity card with you to the appointment in addition to the disposition of property upon death.

- Once the deposit has been made, you will receive a certificate of deposit as proof that the deposit has been made.

- You will later receive an invoice for court costs.

- In certain cases, special official safekeeping is also arranged by a third party if you so wish, e.g. when drawing up a notarized will or contract of inheritance. The notary will then ensure that the document is taken into special official safekeeping.

If official safe custody is refused, the judicial officer shall decide by order. The testator requesting custody may lodge an appeal against the refusal for a limited period of time.
If a registrar was functionally responsible under state law instead of the judicial officer, a reminder must be lodged.

Custody of wills

- A disposition of property upon death (e.g. a will or an inheritance contract) is deposited with the local court during your lifetime.

- If it is a notarial deed, the notary will usually take the necessary steps. If, on the other hand, the will is a private will, the testator must take action themselves.

- This means that the will can be found quickly in the event of death.

- The deposit also protects against forgery and loss.

- The testator receives a certificate of deposit for this purpose.

- The disposition of property upon death is kept in a safe at the local court.

- A custody book is kept of the dispositions of property upon death held in special official custody.

- They are also entered in the Central Register of Wills. This ensures that the competent probate court is promptly informed of the existence of the disposition of property upon death and that it can be taken into account there.

- Forms required: No

- Online procedure possible: No

- Written form necessary: No

- Personal appearance required: No. You can be represented or submit the application in writing. However, to avoid further questions, it is recommended that you appear in person. If you have drawn up the disposition of property upon death with a notary, the notary will usually take the necessary steps.