Requesting the return of an officially deposited disposition of property upon death (e.g. will)

Would you like to have your disposition of property upon death (e.g. will) or an inheritance contract held in the official custody of a notary returned? Then you can apply to the depositary to have it returned.

You can request the return of your will from special official custody at any time. You can also reclaim an inheritance contract containing dispositions upon death from the special official or notarial custody.

The will may only be returned to you personally.

A joint will may only be returned to both spouses or partners.

An inheritance contract may only be returned to all parties to the contract jointly.

Your notarized will or contract of inheritance is deemed revoked when you receive it back from the official depository. A note to this effect will be made on the will or inheritance contract.

• The return of a handwritten will does not have this effect; it is not considered revoked.

The competent local court in accordance with § 344 FamFG is responsible.

The competent local court in accordance with § 344 FamFG is responsible.

• Identity card or passport with registration certificate
• Certificate of deposit, if applicable

Forms required: No

Online procedure possible: No

Written form necessary: No

Personal appearance required: Yes. You can be represented when submitting the application or submit the application in writing. However, the return of the disposition of property upon death can only be made to you personally.

• You are the testator.
• You have testamentary capacity. This means that
  • You are at least 16 years old and
  • legally competent.
• The will may only be returned to you personally.
• A joint will may only be returned to both spouses. This also applies to joint wills of registered civil partners.

An inheritance contract can only be returned to all parties to the contract jointly.

• If surrender to the testator is refused, the judicial officer shall decide by order.
• The testator may lodge an appeal against the refusal for a limited period of time.
• If a clerk was functionally responsible under state law instead of the judicial officer, a reminder must be lodged.

If you wish to withdraw a disposition of property upon death from special official custody, we recommend that you proceed as follows:

Contact the probate court responsible for you and arrange an appointment.

If you have made a joint will, all testators must submit the application and accept the disposition of property upon death jointly. This also applies mutatis mutandis if you have concluded an inheritance contract. In this case, all parties to the contract must submit the application.

Bring your identity card and, if available, the certificate of deposit with you to the appointment.

When the disposition of property upon death is returned, the judicial officer may check your testamentary capacity. This is because, under certain circumstances, the withdrawal from official custody also acts as a revocation of the deposited disposition of property upon death.

The court will report the return to the Central Register of Wills.

There is no deadline.

The matter is normally settled at the first appointment.

No costs are incurred.

Exception: A fee is charged for the withdrawal of an inheritance contract from notarial custody, the amount of which depends on the value of the assets that are the subject of the inheritance contract.