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Placing a will in official custody

One fee for the document, one registration per person

Nachlassgericht (probate court)§ 2248 BGBWithdrawal free of charge

A handwritten will is valid even without being deposited. The reason for depositing it with the Amtsgericht (local court) nonetheless is a practical one: in a drawer it may be overlooked, destroyed, or found by the very person it disadvantages. In official custody under § 2248 BGB this does not happen — and the Nachlassgericht (probate court) is notified of the death automatically and opens it of its own motion.

The costs consist of two separate items, and this is exactly what is usually misrepresented. The custody itself is a fixed fee charged by the court: €82.00 under KV 12100 GNotKG, a one-off amount, independent of your assets. It covers custody, notification and return of the document. Court fees were increased on 1 June 2025 by the KostBRÄG 2025 — value-based fees by 6% and fixed, minimum and maximum fees by 9%. Older fee information online therefore consistently states amounts that are too low.

There is also the registration in the Central Register of Wills (Zentrales Testamentsregister), which is run by the Bundesnotarkammer (Federal Chamber of Notaries) and charged under its own fee by-law. For a court notification — that is, for official custody — it amounts to €15.50, exclusive of VAT. A detail that is decisive here, and that hardly any source mentions, is that the registration takes place per testator. A joint will made by a married couple is one document, but two registrations.

Last updated28 August 2026
Legal basis§ 2248 BGB · GNotKG KV 12100
VerificationGNotKG KV 12100 · fee by-law of the Central Register of Wills
Written and reviewed byAndrés Sánchez Botta
Independent information website: we are not the Amtsgericht, not an authority and not a paid advice service – we do not submit applications on your behalf. All information comes from official sources and is explained here in plain language; binding information always comes from the competent body. No legal advice and not an official authority. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source – this is information, not legal or tax advice.
Custody€82.00Fixed fee KV 12100, one-off
Registration€15.50Per testator, excluding USt. (VAT)
WithdrawalAt any timeFree of charge for a handwritten will
Required documents

What you need

The will itself

Written entirely by hand and signed, with place and date. A typed document, or one that is merely signed, is invalid as a handwritten will — depositing it does not cure this defect. The court does not examine the content; it only keeps it in custody.

Identity card or passport

For establishing identity. The deposit is made in person at the Nachlassgericht; representation is generally not provided for, because the identity of the testator must be established.

For a joint will: both persons

A spouses' will or Berlin will (Berliner Testament) is deposited by both spouses. Expect one custody fee for the document, but two registrations in the Central Register of Wills — one for each testator.

Means of payment for both items

The court fee is charged by the Amtsgericht, while the registration fee is billed by the Bundesnotarkammer. Ask at the appointment which means of payment the court accepts — not every court takes card payments.

Step by step

How to proceed

  1. 1

    Drawing up the will in valid form

    Written entirely by hand, with place, date and signature. On deposit, the court examines neither the form nor the content: an invalid will remains invalid even in official custody. Anyone who wants certainty about the content should have it drawn up by a notary — in which case it is placed in custody in any event.

  2. 2

    Choosing the competent Amtsgericht

    Depositing a will is possible at any Amtsgericht, not only at your place of residence. The local one is practical, because withdrawal also takes place there. Book an appointment — many Nachlassgericht offices do not accept wills without a prior booking.

  3. 3

    Depositing it in person

    You receive a certificate of deposit (Hinterlegungsschein). Keep it safe, but separately from the will — it is the simplest way to withdraw or change the document later. The will itself remains sealed; no one reads it during your lifetime.

  4. 4

    Registration takes place automatically

    The court reports the custody to the Central Register of Wills of the Bundesnotarkammer. Only the place of custody and the testator's details are registered, not the content. The fee of €15.50 per person is billed directly by the Bundesnotarkammer.

  5. 5

    If you want to make changes: withdraw it, do not add to it

    If you want to change the will, withdraw it and draw up a new one. Withdrawing a handwritten will is free of charge — but it has a legal consequence that surprises many people: under § 2256 BGB, a notarial will is deemed revoked once it is withdrawn from official custody. This is not the case for a handwritten will; it remains valid.

Fee information

Costs and payment

Two separate itemsThe court and the Bundesnotarkammer each bill separately
Official custody (KV 12100 GNotKG)€82.00 one-off
Registration in the Register of Wills€15.50 per person
Single will total€97.50
Joint will total€113.00 (two registrations)
Withdrawal of a handwritten willNo fee

The custody fee is a fixed fee and does not depend on your assets. It was increased from €75 to €82 on 1 June 2025 by the KostBRÄG 2025; older sources still state the previous amount. The registration fee of €15.50 applies to a court notification; through a notary it is €12.50. No VAT is charged on either amount.

Good to know

Important notes

Registration takes place per testator, not per document. A joint will made by a married couple therefore costs one custody fee, but two registrations — this explains the difference from many cost statements.

The custody fee has been €82.00 since 1 June 2025. The KostBRÄG 2025 increased fixed court fees by 9%; figures of €75 date from before this.

The court does not examine the will. Neither its form nor its content is checked. A will that is invalid in form remains invalid even in official custody — depositing it protects against loss, not against errors.

For a notarial will, withdrawal has a particular consequence: under § 2256 BGB, it is deemed revoked once withdrawn from official custody. This is not the case for a handwritten will.

If the will is not deposited, the Nachlassgericht finds out nothing. A will kept in a drawer is only opened if someone delivers it — anyone who possesses it is in fact obliged to do so, but no one checks this.

Avoid these mistakes

Common mistakes

Depositing a typed will. It is invalid as a handwritten will, and the court does not check this when accepting it.

Budgeting €18 for the registration. For a court notification it is €15.50, and that is per testator.

Planning for only one registration with a spouses' will. Two testators mean two registrations, even though the document is one.

Withdrawing a notarial will to review it. Under § 2256 BGB it is then deemed revoked — unlike with a handwritten will.

Keeping the certificate of deposit together with the will. It should be kept separately; it is the proof with which you get the document back.

Frequently asked questions

Questions and answers

What does depositing the will cost in total?

Official custody costs a one-off €82.00 under KV 12100 GNotKG, independent of your assets. In addition, there is the registration in the Central Register of Wills at €15.50 per testator, exclusive of VAT. A single will therefore costs €97.50, and a joint will made by a married couple costs €113.00, because two registrations are incurred.

Do I have to deposit my will?

No. A handwritten will is valid even without being deposited. Custody protects it from being lost, destroyed or unable to be found — and it ensures that the Nachlassgericht is notified of the death automatically and opens the will of its own motion.

Does the court check whether my will is valid?

No. The Nachlassgericht accepts the document and keeps it in custody; neither its form nor its content is examined. A will that is not written and signed entirely by hand remains invalid even in official custody. Anyone who wants certainty about its content should have it drawn up by a notary.

Can I withdraw my will?

Yes, at any time, and free of charge for a handwritten will. Take care with notarial wills: under § 2256 BGB, a notarial will is deemed revoked once withdrawn from official custody. This consequence does not apply to a handwritten will — it remains valid and can be kept elsewhere.

What is recorded in the Central Register of Wills?

Only the custody data: who made the will and where the document is held. The content is not registered and cannot be inspected by anyone during the testator’s lifetime. On death, the register checks the notification of death from the Standesamt (registry office) against its records and notifies the competent Nachlassgericht — this is why the court can open the will of its own motion.

At which Amtsgericht must I deposit the will?

Depositing it is possible at any Amtsgericht, not only at your place of residence. The nearest one is practical, since withdrawal also takes place there. Book an appointment beforehand; many Nachlassgericht offices do not accept wills without a prior booking.

Related official procedures

Opening of the will
Of the court's own motion, without an application
Fixed fee
Apply for an Erbschein (certificate of inheritance)
Twice 1.0 under Table B — not once
From €150 at €10,000
Disclaim an inheritance
Six weeks from awareness (§ 1944 BGB)
€30

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