Will; delivery

Wills must be delivered to the local probate court immediately after the death of the testator.

If you have a will of the deceased in your possession, you are obliged to deliver it to the probate court immediately after learning of the deceased's death. Only by handing it over will the probate court be able to open the will and thus take account of the will of the deceased. The competent probate court is the district court in whose district the deceased last had their habitual residence. In cases of doubt, you should ask the nearest local court for advice.

It should be noted that the owner of a will may be liable for damages pursuant to Section 823 (2) in conjunction with Section 2259 (1) of the German Civil Code (BGB) if he or she culpably fails to comply with the obligation to deliver the will without delay. Furthermore, the culpable delay or omission of delivery may also be punishable under Section 274 (1) No. 1 StGB (suppression of documents). Anyone who has made themselves liable to prosecution for suppression of documents can be declared unworthy of inheritance in accordance with Section 2339 (1) No. 4 BGB.