Probate - will opening after the occurrence of the succession
- Sterbefall und Nachlass
- Ausweise und Dokumente
After the death of the testator, the probate court must formally open all dispositions of death (including revoked or ineffective ones) ex officio (wills and inheritance contracts).
Basic information
Anyone who is in possession of a disposition of property upon death (will / contract of inheritance) is obliged to submit the original to the probate court for its opening. This can also be a court at/near the place of residence of the person in possession of the disposition of property upon death. Failure to surrender constitutes a criminal offense. Delivery must be made immediately after the testator's death becomes known, i.e. without culpable delay. Inequities are to be accepted. The dispositions by reason of death that are in special official custody do not require a separate copy to be submitted. It is not necessary to make your own copies after submitting them to the probate court.
Requirements
As soon as the probate court becomes aware of the death of a testator, it must open the existing wills / inheritance contracts.
What documents do I need?
- 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.