Wegweiser Inheritance & Estates · When someone has died Deutsch

🕯️ Death: first steps and handing in a will

After a death, wills must go to the probate court. The court can secure the estate until the heirs are established.

hand in will probate court register of wills securing the estate estate administrator opening of the will

In brief

If there is a will, you must hand it in to the probate court without delay. This also applies if you only find it among the papers.

Notarial wills and contracts of inheritance are usually reported automatically. Registry offices (Standesämter) report every death to the Central Register of Wills. It checks whether any documents are registered.

If the heirs are unknown, the probate court can secure the estate. It can also appoint an estate administrator (Nachlasspfleger).

Do not change or give away anything before you have an overview.

Step by step

  1. Get a death certificateYou need it for almost all offices, banks and insurers.
  2. Look for a will and hand it inBring or send every document that could be a will to the probate court.
  3. Protect the estateKeep valuables and documents safe. Do not sell or throw anything away hastily.
  4. Wait for the openingThe court opens the will and informs those concerned.

Deadlines

without delay
Handing in a will not held in official custody to the probate court§ 2259 Abs. 1 BGB
Watch out – common mistakes
  • You must hand in a will to the probate court without delay (§ 2259 BGB).
  • The Central Register of Wills lists only documents registered there. Handwritten wills kept at home are not in it.
  • The court does not decide on opening whether a person left a valid will. Disputes over validity are settled in the certificate of inheritance procedure or in court.
In depth · legal basis, figures and practice – for advisers and professionals

Duty to hand in

§ 2259 Abs. 1 BGB obliges anyone who holds a will not placed in special official custody to hand it in to the probate court without delay once they learn of the testator's death. If a will is in the official custody of an authority other than a court, it must be handed in after the death; the probate court arranges for it to be handed in (§ 2259 Abs. 2 Satz 2 BGB). Withholding a will violates § 2259 Abs. 1 BGB; destroying it can be a criminal offence under § 274 Abs. 1 Nr. 1 StGB.

Central Register of Wills

According to the page "Im Sterbefall" of the Central Register of Wills of the Federal Chamber of Notaries, registry offices automatically report every death in Germany. The register searches for entries on its own, informs the custodian of the duty to hand in and the probate court of any existing documents. Deaths abroad are reported only if they are registered in Germany.

Securing the estate

Under § 1960 BGB the probate court must secure the estate as long as the heir is unknown or it is uncertain whether they will accept the inheritance. It can apply seals, deposit money and valuables, draw up an inventory of the estate and appoint an estate administrator.

Who is responsible
  • Probate court (Nachlassgericht, local court)
  • Registry office (death certificate)
  • Central Register of Wills of the Federal Chamber of Notaries
Further reading
Will and contract of inheritanceCertificate of inheritance and European Certificate of Succession

Quick questions

Worum geht es bei „Death: first steps and handing in a will“?
After a death, wills must go to the probate court. The court can secure the estate until the heirs are established.
Which deadlines and figures matter?
without delay: Handing in a will not held in official custody to the probate court (§ 2259 Abs. 1 BGB)
What should I do first?
  • Get a death certificate: You need it for almost all offices, banks and insurers.
  • Look for a will and hand it in: Bring or send every document that could be a will to the probate court.
  • Protect the estate: Keep valuables and documents safe. Do not sell or throw anything away hastily.
What do I need to watch out for?
  • You must hand in a will to the probate court without delay (§ 2259 BGB).
  • The Central Register of Wills lists only documents registered there. Handwritten wills kept at home are not in it.
  • The court does not decide on opening whether a person left a valid will. Disputes over validity are settled in the certificate of inheritance procedure or in court.
Evidence
  • Gesetze im Internet, BGB § 2259, retrieved 20 September 2026
  • Gesetze im Internet, BGB § 1960, retrieved 20 September 2026
  • Zentrales Testamentsregister, page "Im Sterbefall", retrieved 20 September 2026
  • Gesetze im Internet, StGB § 274, retrieved 20 September 2026
As of

September 2026 · Sources and method

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