Probate - Will - Official custody and return Unfortunately this specification of service has not yet been completely translated.
As soon as a will is placed in special official custody, the respective court notifies the Central Register of Wills, which is maintained by the Bundesnotarkammer (Federal Chamber of Notaries), of the custody. There the deposit is registered electronically, but the contents are not recorded. This also applies to hand-written wills. Every registry office that records a death notifies the Central Register of Wills, which then informs the local courts where wills are held in the official custody of
- for official custody and return:,
Deposit application: completed and signed, in case of joint wills both testators must apply for the deposit
Testament: in the original
Birth certificate : To register in the Central Register of Wills, it is necessary to indicate the
birth registration. It is therefore essential to fill in the corresponding field in the filing application
(registry office and registration number). Alternatively,
can be used to file a copy of the birth certificate .
On return: The identity of each testator must be proven by presenting a valid official
photo identification (identity card, passport). It is not possible to hand over
to authorized persons.
A so-called deposit application must be completed, signed and submitted with the will to the local court.
The special official custody of handwritten wills can be carried out at any local court (§ 344, Subsection 1, No. 3 FamFG).
If you have any questions regarding the drafting of a will or its amendment, you may seek legal advice - the local court is not authorised to give legal advice.
- Informationen und Erläuterungen zum Erbrecht
Legible handwriting is requested for both the application for deposit and the application for restitution.
The deposit application must be completed, signed and submitted with the will to the Local Court. In the case of joint wills, which only spouses can draw up, both testators must apply for the deposit. The filing can be made in person or by mail. You will find the form for the deposit application on the homepage of the respective district court
A will can also be withdrawn from the custody of the district court as long as the testator (in case of joint wills both testators) is alive. This requires an application for return, which must be sent to the district court holding the will in custody.
The application for return must contain the reference number of the local court or the personal data of the testators (surname, maiden name, first name, date of birth) and, if possible, also the custody account number. The custody account number is derived from the depository receipt. In addition, the testator or, if applicable, both testators must have legal capacity.
The local court then assigns a date on which the return will take place. The return can only be made to the testator in person. The identity of each testator must be proven by presenting a valid, official photo identification (identity card, passport). It is not possible to hand over the testator's identity to authorized persons.
Joint wills can only be issued to both testators at the same time. Wills made before a civil law notary are deemed to be revoked when they are removed from official custody. Wills drawn up in one's own hand therefore remain valid after the return.
If the testator(s) no longer reside in Bremen, the return may also be effected through a court close to the current place of residence. This must be noted accordingly in the application.
Special rules apply to inheritance contracts. Please enquire.
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