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Public will

If you have your will drawn up by a notary, it is referred to as a public will.

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Detailed description

Drawing up a will is particularly useful if the legal heirs are not to be considered, or not to be considered exclusively. If this is drawn up by a notary, it is referred to as a public will. The notary can advise on drawing up a will.

 

Information

Prerequisites

You must be at least 16 years old. You must be capable of making a will (mentally sound and able to make a legally binding will). You must be able to form a clear opinion about the implications of the arrangements, in particular what effect they will have on the personal and financial circumstances of those affected.

Documents required

ID card or passport

Please note

The will is usually deposited by the notary at the local court (probate department) where the notary has his or her office. A certificate, the so-called deposit certificate, is issued for this purpose.

 Please note:
The probate court does not provide legal advice. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

No.

Procedure

You have two options for having your public will drawn up by a notary. You can either go to a notary and declare your last wishes there, or you can hand over your own written will to the notary with the declaration that this document contains your last wishes.

Processing time

An appointment with the notary is necessary. You can find a notary in your area via Notar.de.

Fees

There are notary fees that depend on the value of the estate. In addition, a fee must be paid to the probate court.

Legal remedies

No legal remedy provided

Legal basis

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Keywords: Notarized will Will at the notary

Last updated: 27.04.2025