Probate - will opening after the occurrence of the succession Unfortunately this specification of service has not yet been completely translated.

Anyone who is in possession of a disposition on death (will / inheritance contract) is obliged to submit the original of the disposition to the probate court for the purpose of opening it. This can also be a court in the place of residence/near the place of residence of the person who is in possession of the testamentary disposition. Non-delivery is a criminal offence. Delivery must be made immediately after the death of the testator has come to our knowledge, i.e. without culpable delay. Inequities must be accepted for this. The dispositions in special official custody in the event of death do not require a separate copy to be submitted. It is not necessary to make one's own copies after submission to the probate court.

  • Death certificate,

    If available, please also submit an original death certificate
    .

  • Request for opening,

    The procedure will be accelerated if a completed request for opening is submitted to
    . Such an application can be obtained via the homepage of the Bremen District Court
    or in room 13 of the Bremen District Court.

  • Last Will and Testament ,

    Any wills or contracts of inheritance found in the estate or kept for the deceased must be submitted in the original for opening immediately after the death has come to our knowledge.

Preconditions

As soon as the probate court becomes aware of the death of a testator, it must open the present wills / inheritance contracts.

  • Ablieferungspflicht: § 2259 Bürgerliches Gesetzbuch
  • Eröffnung von Verfügungen von Todes wegen:§ 348 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit

The competent probate court is the local court at the last habitual residence of the deceased. This is not necessarily the last place of residence under registration law, but the place where the deceased last lived.

If a deceased person's death order is already in special official custody at another local court, or if a deceased person's death order is found there, the latter is only responsible for opening it and then forwards the deceased person's death order to the competent probate court.

The opening is carried out without the presence of the parties involved. If necessary, the probate court will ask you to provide further information, if possible. This concerns in particular information on the persons named in the decree of death, the legal heirs and the existence of real estate and/or companies entered in the Commercial Register.

The parties concerned shall then be informed of the content of the opened disposition(s) of death by sending certified photocopies of the disposition(s) concerning them. The originals shall remain in the probate file or, where appropriate, shall be returned to special official custody.

No examination of the content or legal assessment is carried out in the opening proceedings. For clarification of doubts, please contact a member of the legal professions (lawyer or notary).

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