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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.
Responsible for you
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Procedure details
Description
If the probate court becomes aware of the death of the testator and a will is in its custody, the probate court has a 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 will be summoned to attend. 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).
Fees
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).
Legal bases
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Kostenverzeichnis zu § 3 Abs. 2 Gesetz über Kosten der freiwilligen Gerichtsbarkeit für Gerichte und Notare (Gerichts- und Notarkostengesetz - GNotKG)Eröffnung einer Verfügung von Todes wegen (Nr. 12101)
Related issues
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Securing the estate; security measuresUnder certain circumstances, the local court is obliged to secure the estate of the deceased.
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Will; deliveryWills must be delivered to the local probate court immediately after the death of the testator.
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Wills and inheritance contracts; deposit for official safekeeping
Wills and inheritance contracts can be placed in official safekeeping at the local court - probate court. This ensures that they can be found in the event of an inheritance and are protected against forgery or damage.
Status: 07.11.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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