Special official custody of a disposition of property upon death (e.B. will)
A disposition of property upon death, e.B a will, is deposited with the district court during one's lifetime and kept there so that it can be found in the event of death.
If you want to ensure that your disposition is due to death (e.B. Your handwritten will) is found and opened in the event of inheritance, you can place it in special official custody. Special official custody in court also protects your will from forgery or loss. The deposit of wills is also recorded in the Central Register of Wills.
- Birth certificate
- Identity card
- The disposition to be deposited upon death
Forms required: No
Online procedure possible: No
Written form required: No
Personal appearance necessary: No. You can be represented or submit the application in writing. In order to avoid further inquiries, the personal interview is recommended. If you have made the disposition of property upon death with a notary, he will usually arrange the necessary.
- The testator requests that his disposition be placed in special official custody upon death (as a rule, it is advisable to appear in person at the probate court; however, a written application or representation is also possible).
- If the disposition was issued by a notary upon death, the notary will usually arrange the necessary measures.
- Appeal to the competent probate court, § 344 FamFG.
- Proof of identity by presenting the identity card and birth certificate.
- Submission of the disposition to be deposited upon death.
In certain cases, the special official custody is also arranged by a third party if you so wish, e.B. when drawing up a notarial will or inheritance contract. The notary then ensures that the deed is placed in special official custody.
§ 2248 Civil Code (BGB)
§ 344 Family Procedure Act (FamFG)
§§346, 347 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
If you want to deposit a disposition of property upon death yourself, it is advisable to proceed as follows:
- Please contact the probate court responsible for you and make an appointment.
- In addition to the disposition of property upon death, please also bring your birth certificate and identity card to the appointment.
- After deposit, you will receive a deposit certificate as proof of the deposit.
- Later, you will receive a court expense invoice.
Responsible for the content
Lower Saxony Ministry of Justice
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