Besondere amtliche Verwahrung einer Verfügung von Todes wegen (z.B. Testament)

A disposition upon death, for example a will, is placed in special official safekeeping at the local court during your lifetime. The custody data is transmitted electronically to the Central Register of Wills by the local court or a notary's office and registered there.

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

If your disposition of property upon death is notarized by a notary (notarial deed), this person will arrange for special official safekeeping.

In the case of privately written (handwritten) wills, you can hand them in personally for special official safekeeping at the local court.

Notaries and custodian courts register dispositions of property upon death electronically in the Central Register of Wills. The Central Register of Wills contains safekeeping information on wills, inheritance contracts and other documents relevant to succession. In the event of death, the competent probate court and the depositary are automatically informed of the death and the entry. Probate courts can also check the register of wills to see whether a disposition of property upon death is in official safekeeping.

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

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

• the disposition of property upon death to be deposited (e.g. will)
• birth certificate
• identity card

• Request by the testator to the local court that his disposition of property upon death be taken into special official custody.

There is a fee of EUR 75.00 for depositing a will with the court.

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

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 or a notary and make an appointment.
• In addition to the disposition of property upon death, bring your birth certificate and identity card with you to the appointment.
• Once you have deposited your will, you will receive a certificate of deposit as proof that it has been deposited.
• You will later receive an invoice for court costs.
• Details of your last will and testament are automatically filed online in the register of wills by the court or notary.

The matter is normally settled at the first appointment.

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In certain cases, special official safekeeping is also arranged by a third party if you so wish, for example 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 of the local court shall decide by order. The testator requesting custody may lodge an appeal against the refusal for a limited period of time.
If a clerk was functionally responsible under state law instead of the judicial officer, a reminder must be lodged.

• Safekeeping a will
• A disposition of property upon death (e.g. a will or an inheritance contract) is placed in special official safekeeping at the local court during your lifetime.
• in the case of a notarial deed: Notary public arranges everything necessary
• In the case of a private will: the testators must take action themselves
• Reasons:
  • disposition of property upon death can be found quickly in the event of death
  • Deposit protects against forgery and loss.
• The testator receives a certificate of deposit for this purpose
• The disposition of property upon death is deposited with the local court
• Registration in the Central Register of Wills by the local court or the notary public to ensure that, in the event of death, 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
• responsible: Local court or notary public

Local court or notary public

Forms available: No
Written form required: No
Informal application possible: Yes
Personal appearance necessary: No
Online services available: No