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Opening of the will at the Nachlassgericht

You do not have to apply for anything — but you must deliver it

Nachlassgericht (probate court)§ 2259 BGBInitiated by the authority

The opening of the will is not an application procedure. The Nachlassgericht (probate court) acts of its own motion as soon as it learns of the death — for wills held in official custody, automatically via the Central Register of Wills, otherwise through delivery by whoever possesses the will. You therefore do not have to apply for anything; what you must do is the other side of the coin.

This is because § 2259 BGB obliges anyone who possesses a will to deliver it to the Nachlassgericht without delay after the testator's death — even if it disadvantages them, and even if they consider it invalid. Anyone who withholds or destroys a will risks not only compensation claims but criminal consequences for suppression of documents.

At the opening, the will is read out or notified to the participants; they receive a copy and the record of the opening (Eröffnungsprotokoll). This record is actually the valuable part: together with a notarial will, it replaces the Erbschein (certificate of inheritance) in many cases as far as the Grundbuchamt (land registry) is concerned. The opening itself, however, says nothing about whether the will is valid — at the opening, the court examines neither its form nor its content.

Last updated28 August 2026
Legal basis§ 2259 BGB · GNotKG KV 12101
VerificationGNotKG KV 12101 · § 2259 BGB · § 3 RPflG
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.
ProcessInitiated by the authorityNo application required
Fee€109.00Fixed fee KV 12101 GNotKG
Your obligationDeliver without delay§ 2259 BGB — even if it disadvantages you
Required documents

What you need

The will in the original

Anyone who possesses a will delivers it to the Nachlassgericht without delay after the death — in the original, not as a copy. This also applies to documents whose validity is doubtful: whether something is a will is decided by the court, not by the person who finds it.

Death certificate (Sterbeurkunde)

Provided the court does not yet know of the death. For wills held in official custody, it learns of this automatically via the Central Register of Wills; for wills found at home, it does not.

Addresses of the participants

Names and addresses for service of the statutory heirs and the beneficiaries named in the will. The court notifies them and sends copies; missing addresses significantly delay the proceedings.

Notice of further dispositions

If you know that there is an earlier or later will, report this. Several dispositions are opened together, and their relationship to one another determines the succession.

Step by step

How to proceed

  1. 1

    Delivering the will — even if it disadvantages you

    Under § 2259 BGB, anyone who possesses a last will is obliged to deliver it to the Nachlassgericht without delay. The obligation applies regardless of whether the content is agreeable or whether the document is considered valid. Withholding or destroying it can be a criminal offence as suppression of documents.

  2. 2

    In the case of official custody: do nothing

    If the will is held at the Amtsgericht (local court), the Central Register of Wills learns of the death through the notification of death from the Standesamt (registry office) and notifies the Nachlassgericht. The opening then proceeds without any action on your part — this is the practical advantage of depositing a will.

  3. 3

    Waiting for the opening

    The Nachlassgericht opens the disposition and notifies the participants in writing; attendance is generally not required. You receive a copy of the will and the record of the opening. No fixed deadline is prescribed by law; the time taken depends on how busy the court is.

  4. 4

    Keeping the record of the opening

    Together with a notarial will or contract of inheritance, it replaces the Erbschein as far as the Grundbuchamt is concerned under § 35 Abs. 1 GBO in many cases — and thereby saves its double fee. Banks are not bound by this rule, but they also often waive the Erbschein.

  5. 5

    Checking validity separately

    The opening does not mean that the will is valid. The court reads out what is submitted; it does not decide on form, testamentary capacity or interpretation in doing so. Anyone who wants to dispute the validity must assert this separately — in the Erbschein proceedings or before the court hearing the case.

Fee information

Costs and payment

Fixed fee, independent of the value of the estateGNotKG KV 12101
Opening of a disposition mortis causa (a will or contract of inheritance)€109.00
Delivery of the willFree of charge
Copy for the participantsIncluded in the proceedings
Custody fee already paidNot taken into account

The fee is a fixed fee and does not depend on the value of the estate. It was increased from €100 to €109 on 1 June 2025 by the KostBRÄG 2025 — fixed court fees rose by 9%. If several dispositions of the same testator are opened, the fee is only charged once.

Good to know

Important notes

You do not have to apply for anything. The Nachlassgericht opens the will of its own motion as soon as it learns of the death. For wills held in official custody, this happens automatically via the Central Register of Wills.

The obligation to deliver under § 2259 BGB applies to every possessor — regardless of whether the content disadvantages them and whether they consider the document valid. Withholding it can be a criminal offence as suppression of documents.

The opening says nothing about validity. At the opening, the court examines neither the form nor testamentary capacity; anyone who wants to challenge the validity must do so separately.

The record of the opening is worth hard cash. Together with a notarial will, it usually replaces the Erbschein as far as the Grundbuchamt is concerned — and thereby saves its double fee under Table B.

The fee has been €109.00 since 1 June 2025. Figures of €100 date from before the KostBRÄG 2025.

Avoid these mistakes

Common mistakes

Keeping a will you have found because it disadvantages you. § 2259 BGB obliges you to deliver it without delay; withholding it can be a criminal offence.

Delivering only a copy and keeping the original. What must be delivered is the original — only this allows its form and authenticity to be assessed.

Mistaking the opening for a validity check. The court reads out what is submitted; it does not decide on form or testamentary capacity in doing so.

Applying for an Erbschein immediately after the opening. For a notarial will, the record of the opening is usually enough for the Grundbuchamt — ask there and at the bank first.

Not mentioning a second will that has been found. Several dispositions are opened together; their relationship to one another determines the succession.

Frequently asked questions

Questions and answers

Do I have to apply for the opening of the will?

No. The Nachlassgericht acts of its own motion as soon as it learns of the death. For a will held in official custody, this happens automatically: the Central Register of Wills checks the notification of death from the Standesamt against its records and notifies the court. If the will is at home, it must be delivered.

What does the opening cost?

Under KV 12101 GNotKG, a fixed fee of €109.00, independent of the value of the estate. It was increased from €100 to €109 on 1 June 2025 by the KostBRÄG 2025. If several dispositions of the same testator are opened, the fee is only charged once. Delivery itself costs nothing.

I have found a will — what must I do?

Deliver it to the Nachlassgericht without delay, in the original. § 2259 BGB obliges every possessor to do so, regardless of whether the content disadvantages them and whether they consider the document valid. Whether it is actually a will is decided by the court. Withholding or destroying it can be a criminal offence as suppression of documents.

Does the opening mean that the will is valid?

No. At the opening, the court examines neither the form, nor testamentary capacity, nor questions of interpretation; it merely makes the content known. Anyone who wants to dispute the validity must assert this separately — for example in the Erbschein proceedings or by legal action.

What do I need the record of the opening for?

Together with a notarial will or contract of inheritance, it replaces the Erbschein as far as the Grundbuchamt is concerned under § 35 Abs. 1 GBO in many cases. Since the Erbschein triggers two fees under Table B, this saves three-figure amounts depending on the value of the estate. Banks are not bound by this provision, but they also often waive the Erbschein.

How long does it take until the opening?

There is no statutory deadline; the time taken depends on how busy the Nachlassgericht is and how quickly it learns of the death. For official custody, notification happens automatically; for wills found at home, only from the point of delivery. Attendance by the participants is generally not required.

Related official procedures

Apply for an Erbschein (certificate of inheritance)
Twice 1.0 under Table B — not once
From €150 at €10,000
Deposit a will
Official custody at the Nachlassgericht
€82
Disclaim an inheritance
Six weeks from awareness (§ 1944 BGB)
€30

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