Requesting the return of an officially deposited disposition of property upon death (e.g. will)
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.
Who should I contact?
The competent local court in accordance with § 344 FamFG is responsible.
Responsible authorities
Amtsgericht Papenburg
Requirements
- 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.
Applications / forms
Forms required: No
Online procedure possible: No
Written form necessary: No
Personal appearance required: Yes. You can be represented when submitting the application or submit the application in writing. However, the return of the disposition of property upon death can only be made to you personally.
Which documents are required?
- Identity card or passport with registration certificate
- Certificate of deposit, if applicable
What are the fees?
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.
Fee: free of charge
Process flow
If you wish to withdraw a disposition upon death from special official custody, it is advisable to proceed as follows:
- Please contact the probate court responsible for you and make an appointment.
- If you have testified jointly, all testators must submit the application and also accept the disposition upon death jointly. This also applies mutatis mutandis if you have concluded an inheritance contract. Then all contracting parties must submit the application.
- Please bring your identity card and, if available, the deposit slip with you to the appointment.
- In the event of the return of the disposition upon death, the judicial officer may be responsible for the order. Your testability is checked. This is because, under certain circumstances, the withdrawal from official custody also has the effect of revoking the deposited disposition upon death.
- The court reports the return to the Central Register of Wills.
What deadlines do I have to pay attention to?
There is no deadline.
Processing duration
The matter is normally settled at the first appointment.
Appeal
If the restitution to the testator is refused, the judicial officer decides by order, § 38 FamFG. The testator can lodge an appeal against the refusal for a limited period of time, §§ 58 et seq., 63 FamFG, 11 RPflG.
If, according to state law, a clerk of the court was functionally responsible instead of the judicial officer, a reminder must be filed analogously to § 573 of the Code of Civil Procedure.
