Administrative services A-Z

Forms required: No

Online procedure possible: No

Written form necessary: No

Personal appearance required: Yes You may be represented when making the application or you may make the application in writing. However, the return of the disposition of death can only be made to you personally.

If you have placed a testamentary disposition (e.g. a will or a contract of inheritance) in special official custody with the court or if it has been deposited there by the notary at your instigation, you can have it returned to you from the special official custody. This request can be made at any time. If you have made the disposition of property upon death jointly with your spouse or civil partner, it can only be returned to both of you at your mutual request. If you have concluded an inheritance contract, all contracting parties must request its return. In certain cases, withdrawal from official custody also means revocation of the deposited disposition of property upon death, e.g. in the case of notarial wills. Therefore, in these constellations, the testator must be capable of making a will when the request for return is made. The request can also be made by a deputy. However, the restitution can only be made to the testator himself.

• If possible, appear in person; however, the request for return from special official custody can also be made in writing or by a representative. However, the actual handover can only be made to you personally.
• Actual possibility of identification by presentation of identity card or passport with certificate of registration.
• If applicable, testamentary capacity
• A joint will may only be returned to both spouses/partners.
• The return of an inheritance contract can only be made jointly to all contracting parties.

• Identity card or passport with certificate of registration
• Deposit certificate (presentation is not mandatory, but will make it easier to find your disposition of death).

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If you wish to withdraw a disposition of property upon death from special official custody, it is advisable to proceed as follows:

• Please contact the probate court that has jurisdiction over you and make an appointment.
• If you have made joint wills, all testators must make the application and also jointly receive the disposition of property upon death. This also applies mutatis mutandis if you have concluded an inheritance contract. In this case, all contracting parties must submit the application.
• Please bring your identity card and, if available, the deposit certificate with you to the appointment.
• When the disposition of property upon death is returned, your testamentary capacity may be checked by the Rechtspfleger. 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 reports the return to the Central Register of Wills.

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The competent local court in accordance with § 344 FamFG is responsible.

• Local courts in Brandenburg

• § Section 2256 of the German Civil Code (BGB)
• §§ Sections 344, 346, 347 FamFG

• Information in the NRW Citizens' Service
• Information in the NRW Citizens' Service

Ref. II 3, JM NRW