Probate - will opening after the occurrence of the succession
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Sterbefall und Nachlass
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Ausweise und Dokumente
Procedure
The competent probate court is the local court at the last habitual residence of the deceased. This is not necessarily the last residence under civil law, but the place where the deceased last had his or her center of life.
If a disposition of property upon death is already in the special official custody of another local court or if a disposition of property upon death that has been found is handed over there, the latter is only responsible for the opening and subsequently forwards the disposition of property upon death to the competent probate court.
The opening takes place without the presence of the parties involved. If necessary, you will be requested by the probate court to provide further information, insofar as this is possible for you. This concerns in particular details of the persons named in the disposition of property upon death, the legal heirs and the existence of real estate and/or companies entered in the commercial register.
The parties involved will then be informed of the content of the opened disposition(s) of death concerning them by sending certified photocopies. The originals remain in the probate file or, if necessary, are taken back into special official custody.
No examination of the content or legal assessment is carried out in the opening procedure. To clarify any doubts, please contact a member of the legal profession (lawyer or notary).
