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Probate - will opening after the occurrence of the succession

After the death of the testator, the probate court must formally open all dispositions of death (including revoked or ineffective ones) ex officio (wills and inheritance contracts).

Anyone who is in possession of a testamentary disposition (will / inheritance contract) is obliged to deliver it in original to the probate court for the purpose of its opening. This may also be a court in the place of residence/near the place of residence of the person who is in possession of the disposition of death. Failure to deliver shall constitute a criminal offense. Delivery must be made immediately after knowledge of the testator's death, i.e. without culpable delay. Inequities are to be accepted for this. The testamentary dispositions that are in special official custody do not require a separate copy to be delivered. It is not necessary to make copies after submission to the probate court.

Requirements

As soon as the probate court becomes aware of the death of a testator, it must open the existing wills / inheritance contracts.

What documents do I need?

  • Death certificate

    If available, please also submit an original death certificate
    .

  • Request for opening

    The procedure will be accelerated if a completed request for opening is submitted to
    . Such an application can be obtained via the homepage of the Bremen District Court
    or in room 13 of the Bremen District Court.

  • Last Will and Testament

    Any wills or contracts of inheritance found in the estate or kept for the deceased must be submitted in the original for opening immediately after the death has come to our knowledge.