Service Finder
Withdrawal/return of a disposition of death from special official custody
Service Description
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 was deposited there by the notary at your instigation, you can have it returned to you from the 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 upon mutual request. If you have concluded an inheritance contract, all contracting parties must request its return. In certain constellations, withdrawal from official custody also means 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 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.
Process flow
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 responsible for you and make an appointment.
- If you have made joint wills, all testators must make the request and also jointly accept 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 to the appointment.
- When the disposition of property upon death is returned, the Rechtspfleger 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 reports the return to the Central Register of Wills.
Who should I contact?
The competent local court in each case pursuant to section 344 FamFG shall have jurisdiction.
Competent authority
The competent local court in each case pursuant to section 344 FamFG shall have jurisdiction.
Requirements
- If possible 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.
- Testamentary capacity, if applicable
- A joint will may only be returned to both spouses/partners.
- An inheritance contract may only be returned to all contracting parties jointly.
Which documents are required?
- 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).
What are the fees?
none
What deadlines do I have to pay attention to?
none
Processing duration
Normally, the matter is settled at the first hearing.
Applications / forms
If surrender to the testator is refused, the Rechtspfleger shall decide by order, section 38 FamFG. The testator can lodge an appeal against the refusal for a limited period, sections 58 ff., 63 FamFG, 11 RPflG.
If a clerk of the court was functionally responsible instead of the Rechtspfleger under state law, a reminder must be filed in analogy to section 573 of the Code of Civil Procedure.
Appeal
Forms required: No
Online procedure possible: No
Written form required: No
Personal appearance required: Yes. You can be represented at the application or submit the application in writing. However, the return of the disposition of death can only be made to you personally.
Author
The text was automatically translated based on the German content.
Technically approved by
Ref. II 3, JM NRW
Professionally released on
28.09.2020
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
No competent authority found
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