🕯️ Death: first steps and handing in a 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
- Get a death certificateYou need it for almost all offices, banks and insurers.
- Look for a will and hand it inBring or send every document that could be a will to the probate court.
- Protect the estateKeep valuables and documents safe. Do not sell or throw anything away hastily.
- Wait for the openingThe court opens the will and informs those concerned.
Deadlines
- 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.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.