Service Finder
Withdrawal/return of a disposition of property upon death from special official custody
Service Description
If you have placed a disposition of property upon death (e.g. a will or an inheritance contract) in special official custody with the court or if it was deposited there by a notary at your request, you can have it returned to you from special official custody. The 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, the withdrawal from official custody also means the revocation of the deposited disposition of property upon death, e.g. in the case of notarized wills. Therefore, in these constellations, the testator must be capable of making a will when requesting the return. The request can also be made by a representative. However, the return can only be made to the testator themselves.
Process flow
If you wish to withdraw a disposition of property upon death from special official custody, we recommend that you proceed as follows:
- Please 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.
- Please 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.
Who should I contact?
The competent local court is responsible in each case.
Competent authority
The competent local court is responsible in each case.
Requirements
- If possible, you should present yourself in person; however, the application 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 presenting your identity card or passport with registration certificate.
- Testamentary capacity, if applicable
- A joint will may only be returned to both spouses/life partners.
- An inheritance contract can only be returned to all contracting parties jointly.
Which documents are required?
- Identity card or passport with registration certificate
- Certificate of deposit (presentation is not mandatory, but makes it easier to find your disposition of property upon death).
What are the fees?
none
What deadlines do I have to pay attention to?
none
Processing duration
The matter is normally settled at the first appointment.
Applications / forms
If the surrender to the testator is refused, the judicial officer of the local court decides 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.
Appeal
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.
Further Information
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry for Migration, Justice and Consumer Protection (TMMJV)
Professionally released on
30.09.2023
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
Competent Authority
Amtsgericht Rudolstadt
Postal address
07395 Rudolstadt
Address
07407 Rudolstadt
