Probate - Will - Official custody and return

Legible handwriting is required for both the application for deposit and for return.

The application for deposit must be completed, signed and submitted to the local court together with the will. In the case of joint wills, which can only be drawn up by spouses, both testators must apply for the deposit. The application can be submitted in person or by post. You can find the form for the application for deposit on the homepage of the respective local court

A will can also be withdrawn from the custody of the local court as long as the testator (in the case of joint wills, both testators) is alive. This requires an application for return, which must be sent to the local court holding the will.

The application for return must contain the reference number of the local court or the personal details of the testators (surname, maiden name, first name, date of birth) and, if possible, the custody book number. The deposit book number can be found on the certificate of deposit. In addition, the testator(s) or both testators must have legal capacity.

The local court then assigns a date on which the return will take place. The return can only be made to the testators in person. The identity of each testator must be proven by presenting a valid, official photo ID (identity card, passport). It is not possible to hand them over to authorized persons.
Joint wills can only be issued to both testators at the same time. Wills drawn up before a notary are deemed revoked when they are withdrawn from official custody. Handwritten wills therefore remain effective even after they have been returned.

If the testator(s) are no longer resident in Bremen, the will can also be returned via a court close to the current place of residence. This must be noted accordingly in the application.

Special rules apply to inheritance contracts. Please enquire.

More information

The special official safekeeping of handwritten wills can take place at any local court (section 344 (1) no. 3 FamFG).

If you have any questions regarding the drafting of a will and its amendment, seek legal advice if necessary - the local court is not authorized to provide legal advice.

• for official custody and return:
  

  Deposit application: completed and signed, in case of joint wills both testators must apply for the deposit

  Testament: in the original

  Birth certificate : To register in the Central Register of Wills, it is necessary to indicate the
  birth registration. It is therefore essential to fill in the corresponding field in the filing application
  (registry office and registration number). Alternatively,
  can be used to file a copy of the birth certificate .

  On return: The identity of each testator must be proven by presenting a valid official
  photo identification (identity card, passport). It is not possible to hand over
  to authorized persons.

• Online appointment request
  

• Application for the deposit of a will at the Bremen Local Court (pdf, 181.1 KB)
  

• Application for the return of the last will and testament at the Bremen Local Court (pdf, 125.7 KB)
  

• Application for the deposit of a will at the Bremen-Blumenthal Local Court
  

• Application for the return of the will at the local court of Bremen-Blumenthal
  

82,00 EUR Fee for special official custody at the local court.
Additional fee for the registration of official custody in the register of wills (charged by the Federal Chamber of Notaries). This fee varies. You can find the exact information on the website of the Federal Chamber of Notaries. You will find the link under "Further information".

• Informationen und Erläuterungen zum Erbrecht
• Terminvergabe Testamentsrückgabe Bremerhaven
• Kosten für die Registrierung bei der Bundesnotarkammer