Will and contract of inheritance; opening

If a will exists, it will be opened by the local probate court after the death of the testator.

If the probate court becomes aware of the death of the testator and a will is in its custody, the probate court has the duty to open the will. To this end, it either sets a date for the opening of the will at its own discretion or opens the will - as is usually the case in practice - without setting a date ("silent opening").

If the probate court sets a date for the opening of the will, the persons who come into consideration as legal heirs and, if recognizable prior to the opening of the will, other parties involved are summoned to this date. However, there is no obligation to attend the opening hearing. The will must be opened at the meeting, announced verbally to the parties involved and presented to them on request. Minutes are taken of the opening. Anyone who does not appear at the opening hearing will be informed in writing by the probate court of the contents of the will concerning them.

If the probate court opens the will without setting a date, the will must also be opened and a record made of the opening. The probate court will then notify the parties involved in writing of the content of the will(s).

A fee is charged for the opening of the will in accordance with the Act on Costs of Voluntary Jurisdiction for Courts and Notaries (GNotKG).