You are here:

Probate - Will - Official custody and return

  • Sterbefall und Nachlass
  • Ausweise und Dokumente 



    	    

		    
Procedure

            			
Legible handwriting is requested for both the application for deposit and for return. 

The application for deposit must be completed, signed and submitted to the district court together with the will. In the case of joint wills, which can only be made by spouses, both testators must apply for the deposit. The application can be submitted in person or by mail. The form for the application for deposit can be found on the homepage of the respective district court. 

A will can also be withdrawn from the custody of the local court as long as the testator (or both testators in the case of joint wills) is alive. This requires an application for return, which must be sent to the local court that has custody of the will. 

The application for restitution must contain the business number of the district court or the personal data of the testators (surname, maiden name, first name, date of birth) and, if possible, the custody book number. The deposit book number can be found in the deposit certificate. In addition, the testator or, if applicable, both testators must be legally competent. 

The district court then assigns a date on which the return will take place. The return can only be made to the testator personally. The identity of each testator must be proven by presentation of a valid, official photo ID (identity card, passport). It is not possible to hand over the will to authorized persons. 

Joint wills can only be issued to both testators at the same time. Wills drawn up before a notary are deemed revoked upon withdrawal from official custody. Wills written in the testator's own hand  therefore  remain effective even after they have been returned. 

If the testator(s) no longer reside in Bremen, the return can also be made via 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.

						
More information
The special official safekeeping of handwritten wills can take place at any local court (section 344 (1) no. 3 FamFG).      

If you have any questions regarding the drafting of a will and its amendment, seek legal advice if necessary - the local court is not authorized to provide legal advice.