Requesting the return of an officially deposited disposition of property upon death (e.g. will)
Description
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.
- 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.
- Identity card or passport with registration certificate
- Certificate of deposit, if applicable
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.
There is no deadline.
The matter is normally settled at the first appointment.
- 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.
Contact the local court.
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.
Federal Ministry of Justice (BMJ)
24.06.2024
The text was automatically translated based on the German content.
06112 Halle (Saale)
Remark: It is not permissible to bring a legally effective action before a court, a public prosecutor's office or any other judicial authority of the state of Saxony-Anhalt by e-mail, to file applications, to lodge an appeal or to make other procedural declarations. In particular, no deadline is met! The delivery method by e-mail is therefore only suitable for non-form-bound messages. Further information on e-mail traffic and electronic legal transactions can be found under https://lsaurl.de/justizemail. The court's privacy policy can be found at https://lsaurl.de/aghaldsgvo.
General (Does not apply to counselling assistance)
Monday 09:00 - 12:00
Tuesday 09:00 -12:00 and 15:00 -17:00
Wednesday 09:00 - 12:00
Thursday 09:00 - 12:00
Friday 09:00 - 12:00
Counselling assistance (only on the following days!)
Tuesday 09:00 - 12:00 and 14:00 - 17:00
Paying agent / court cashier
Monday 08:30 - 12:15 and 13:30 - 15:30
Tuesday 08:30 - 12:15 and 13:30 - 17:00
Wednesday 08:30 - 12:15 and 13:30 - 15:30
Thursday 08:30 - 12:15 and 13:30 - 15:30
Friday 08:30 - 12:00
