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Prerequisites

Documents required

Be sure to submit the original will first.

Please bring the following documents with you to the appointment:

• Identity card or passport with current confirmation of registration
• Original or a (notarized) copy of the death certificate of the testator

You can also send the death certificate to the responsible office by post before the appointment. Alternatively, you can either hand the death certificate in person at the police station or the court's post office beforehand, or you can put it in a sealed envelope and put it in the mailbox.

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.

You can also submit the application through an authorized person, such as a notary or a lawyer, or have it recorded in court. The additionally required affidavit can only be submitted by you personally. If a notary certifies the affidavit, this person can certify the application at the same time.

Deadlines

At the request of one of the parties, the probate court may set a deadline for the appointed person to declare acceptance.

Procedure

You apply for a certificate of executorship at the responsible probate court (usually the local court in whose district the deceased last lived). You must appear in person at the responsible office.

• Submit a request there to make an appointment to issue a certificate of executorship.
• To do so, use the online service "Apply for a certificate of executorship". Using the online service, you can submit a request to make an appointment to apply for a certificate of executorship at the office responsible for you.
• Alternatively, you can also use the form provided.
• Be sure to hand in the original will or inheritance contract to the responsible authority before the appointment.
• An appointment will only be made once the will has been opened by the court.
• In the event that the will is held by another court, it is necessary to wait for the will to be sent.
• The responsible office will contact you to arrange an appointment.
• At the appointment, you will personally make a declaration under oath before the responsible authority. This confirms that you are not aware of anything that would contradict the accuracy of your information.
• This is not necessary if the competent authority waives it.
• The responsible authority will check your eligibility and issue the executor’s certificate.

Processing time

The processing time depends on the individual case.

Fees

There is a fixed fee of EUR 50.00 for the certificate of acceptance of office.


The amount of the fees for issuing the certificate of executorship depends on the value of the estate after deduction of the debts of the testator and is determined from the fee table in the appendix to the Law on Costs of Voluntary Jurisdiction for Courts and Notaries.

Legal remedies

Complaint

Legal basis

§ 2368 German Civil Code - Certificate of Execution of Testaments (BGB)






No. 12413 KV Law on costs of voluntary jurisdiction for courts and notaries - Annex 1 (to Section 3 Paragraph 2) - List of costs Procedure for issuing a certificate confirming the acceptance of the office of executor (GnotKG)






No. 12210 KV Law on costs of voluntary jurisdiction for courts and notaries - Procedure on the application for the issuance of a certificate of inheritance or a certificate (GnotKG)