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Will; delivery
Wills must be delivered to the local probate court immediately after the death of the testator.
Responsible for you
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Procedure details
Description
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 the will of the deceased into account. The competent probate court is the local 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, culpable delay or omission of delivery may also be punishable under Section 274 para. 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.
Legal bases
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§ 2259 Bürgerliches Gesetzbuch (BGB)"Ablieferungspflicht"
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§ 2339 - 2345 Bürgerliches Gesetzbuch (BGB)Erbunwürdigkeit etc.
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 and contract of inheritance; openingIf a will exists, it will be opened by the local probate court 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: 05.03.2025
Editorial responsibility Bayerisches Staatsministerium der Justiz
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