AmtsDeutschland
0%
Skip to main content
Authorities Most popular Guides
FAQ Contact
Find an official procedure

Making a will with a notary

Notary · Public will, § 35 GBO

In personOfficial custody

You can draw up a will by hand – § 2247 BGB of the German Civil Code (Bürgerliches Gesetzbuch, BGB) requires a declaration that is written and signed entirely by hand. This costs nothing and is fully valid. The notary is therefore not an obligation, but a choice.

The strongest reason for the notarial form is financial, and it is rarely explained correctly. Under § 35 Abs. 1 GBO of the Land Register Code (Grundbuchordnung, GBO), it is sufficient for the Grundbuchamt (land registry), where the succession is based on a “disposition mortis causa contained in a public document”, for the disposition together with the record of the opening to be submitted instead of an Erbschein. Where real property is involved, this, as a rule, saves the heirs the costs of Erbschein proceedings.

But not without exception, and most accounts leave out this half-sentence: the Grundbuchamt retains a discretion. If it does not consider the succession proven by the documents submitted – for instance where the wording is unclear or the substitute succession (Ersatzerbfolge) is complicated – it can still require the Erbschein. A notarial will is therefore a very good chance of making the saving, not a guarantee.

Notary fees are fixed by law and the same throughout Germany: under § 17 BNotO, the notary is required to charge the prescribed fees; discounts are not permitted. Comparing prices between notaries is therefore pointless.

Last updated27 August 2026
Legal basis§ 2247 BGB · § 2232 · § 35 GBO · § 34 GNotKG
VerificationChecked against gesetze-im-internet.de and notar.de
Written and reviewed byAndrés Sánchez Botta
Independent information site: We are not the notary’s office, not an authority and not a paid advisory service — we do not submit applications for you. All information comes from official sources and is explained simply here; the competent body is always authoritative. Not legal advice. Arrangements under inheritance law have tax and family consequences and should be discussed individually. All information provided without guarantee. 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.
Single will1.0 feeKV 21200, min. €60
At €50,000€165At €100,000: €273
Joint2.0 feeTwice as much
Erbschein (certificate of inheritance)Usually unnecessary§ 35 GBO, subject to discretion
Required documents

What you need

Identity document

The notary establishes your identity and satisfies themselves of your testamentary capacity. This documentation is the second major advantage of the notarial form: it makes later challenges by relatives who dispute the will more difficult.

Information on all relatives

Including those who are not to inherit. The notary must know the circle of statutory heirs and of the persons entitled to a compulsory portion in order to advise you of the consequences. Do not conceal anyone – children from earlier relationships, in particular, cannot be ignored under inheritance law.

Overview of your assets

Real property, accounts, holdings, life insurance policies with a named beneficiary, debts. The value determines the value of the subject matter (Geschäftswert) and, with it, the fee; the composition determines which arrangement makes sense at all.

Land register data for real property

Gemarkung (cadastral district), Flur (cadastral section), Flurstück (land parcel) and the land register sheet. This is exactly where the notarial form pays off later, because the Grundbuchamt (land registry) wants the succession proven.

Your wishes, thought through in advance

Who should receive what, and what should apply if a beneficiary dies before you? This substitute succession (Ersatzerbfolge) is the most common gap in self-written wills. Write down your wishes in advance – at the appointment, no one starts from zero.

An existing older will

Bring it with you. A new will does not automatically revoke an older one in full; unclear relationships between several wills are a common cause of disputes after the testator’s death.

Step by step

How to proceed

  1. 1

    First decide: handwritten or notarial?

    The handwritten will under § 2247 BGB is free of charge and valid if it is written and signed entirely by hand. A will typed on a computer and merely signed, by contrast, is invalid. Factors in favour of the notarial form are: ownership of real property, complex family circumstances, business holdings and the wish for documented testamentary capacity.

  2. 2

    Describe your family and financial situation in full

    The notary advises you on compulsory portion rights and the statutory order of succession – but only on the basis of what they know. Incomplete information leads to a document that fails to achieve exactly what it was made for.

  3. 3

    Settle the substitute succession

    What applies if a beneficiary dies before you or disclaims the inheritance? Without a provision, the law decides, and rarely in the way you wanted. This gap is the most common defect in self-drafted wills.

  4. 4

    Have it notarised

    The notary reads out the will and advises on its implications. For a single will, a 1.0 fee is charged under KV 21200; for a joint will made by spouses, a 2.0 fee is charged under KV 21100. The difference is considerable, so the choice should be a conscious one.

  5. 5

    Place it in official custody

    The notary places the will into official custody at the Amtsgericht (local court) and has it registered in the Central Register of Wills. This means it can neither be lost nor suppressed by someone who dislikes its content – a risk that is real for a will kept in a drawer.

  6. 6

    Review it after changes in your life

    Marriage, divorce, birth, death of a beneficiary, purchase or sale of real property. A will that reflects the situation of fifteen years ago can be worse than none at all. A change requires a new document with a new fee – which is why it is worth drafting it robustly from the outset.

Fee information

Costs and payment

Costs and the Erbschein questionWhy the fee often pays for itself twice over
Single will1.0 fee (KV 21200)
At €50,000€165
At €100,000€273
At €300,000€635
Joint will2.0 fee
HandwrittenFree of charge and valid

A single will is a unilateral declaration and costs a 1.0 fee under KV 21200 (at least €60): at assets of €50,000, €165; at €100,000, €273; at €300,000, €635. A joint will made by spouses, by contrast, is treated like a contract and costs the 2.0 fee under KV 21100 – at assets of €90,000, the Bundesnotarkammer (Federal Chamber of Notaries) gives €492 as an example. The alternative costs nothing: a handwritten will under § 2247 BGB is fully valid if it is written and signed entirely by hand. The economic advantage of the notarial form only becomes apparent on the testator’s death. § 35 Abs. 1 GBO allows the Grundbuchamt (land registry) to accept the public document together with the record of the opening instead of an Erbschein. Because the costs of an Erbschein are likewise based on the value of the estate, this often saves more, where real property is involved, than the will cost. Do not rely on this blindly, however: the Grundbuchamt retains a discretion and can require the Erbschein if it does not consider the succession proven by the documents – for instance where the wording is unclear. Banks also handle this differently; they are not bound by § 35 GBO.

Good to know

Important notes

A will typed on a computer is invalid. § 2247 BGB requires a declaration that is written and signed entirely by hand. Printing and signing is not enough – a mistake that tips entire estates into statutory succession.

The notarial will usually replaces the Erbschein, but not with certainty. § 35 GBO allows the public document with the record of the opening to be sufficient – but the Grundbuchamt can still require the Erbschein if it does not consider the succession proven.

Banks are not bound by § 35 GBO. Their practice is inconsistent. For accounts, an Erbschein can be required despite a notarial will.

A joint will costs twice as much. It is treated like a contract (2.0 instead of 1.0). That is often sensible, but should be a conscious decision.

The substitute succession is the most common gap. What applies if a beneficiary dies before you? Without a provision, the law decides.

Persons entitled to a compulsory portion cannot be written out by a will. Children and spouses have a monetary claim independent of the will. Anyone who ignores this creates disputes instead of avoiding them.

Official custody protects against loss and suppression. A will kept in a drawer can disappear – precisely when its content does not suit someone.

Review it after changes in your life. Marriage, divorce, birth, purchase of real property. An outdated will can have a worse effect than none.

Avoid these mistakes

Common mistakes

Typing the will and merely signing it. Invalid under § 2247 BGB. Statutory succession then applies – exactly what was meant to be prevented.

Firmly counting on the Erbschein being unnecessary. § 35 GBO gives the Grundbuchamt a discretion, and banks are not bound by it in any case. It is a very good chance, not a guarantee.

Not naming substitute heirs. If a beneficiary dies before you, the law takes effect without a provision – often in favour of persons you did not want to benefit.

Concealing persons entitled to a compulsory portion in the conversation. The notary can only advise on what they know. Children from earlier relationships cannot be disregarded under inheritance law.

Not bringing the old will. Several wills existing side by side create disputes over interpretation – after the testator’s death, when no one can ask any more.

Keeping the will at home. Without official custody, it can be lost or suppressed, and the Nachlassgericht (probate court) never learns of it.

Frequently asked questions

Questions and answers

What does a notarial will cost?

A single will costs a 1.0 fee under KV 21200 (at least €60), calculated from the assets: at €50,000, it is €165; at €100,000, €273; at €300,000, €635. A joint will made by spouses is treated like a contract under KV 21100 and costs double the fee – the Bundesnotarkammer gives €90,000 in assets and €492 as an example.

Do I need to see a notary, or is a handwritten will enough?

A handwritten will is fully valid if the form is correct: § 2247 BGB requires a declaration that is written and signed entirely by hand. The most common mistake is writing the text on a computer and merely signing it – that is invalid, and statutory succession then applies. Three reasons in particular speak in favour of the notary: ownership of real property (because of § 35 GBO), complex family circumstances, and documented testamentary capacity, which makes later challenges more difficult.

Does a notarial will save me the Erbschein?

Usually yes, but not guaranteed – and many accounts leave out this difference. § 35 Abs. 1 GBO provides that it is sufficient for the Grundbuchamt if, instead of the Erbschein, the public document and the record of its opening are submitted. The Grundbuchamt, however, retains a discretion: if it does not consider the succession proven by this, it can still require the Erbschein – for instance where the wording is unclear or the substitute successions are nested. And banks are not bound by § 35 GBO; for accounts, some still require an Erbschein.

What is a Berlin will (Berliner Testament)?

A joint will made by spouses in which both appoint each other as sole heir and the children only inherit after the death of the surviving spouse. It is common and has two drawbacks that should be discussed beforehand. First, the dispositions are, as a rule, binding once the first spouse has died – the surviving spouse can then no longer freely change them, even if circumstances change completely. Second, disinherited children can already claim their compulsory portion when the first spouse dies, which can put the surviving spouse under pressure.

Can I exclude persons entitled to a compulsory portion?

From the inheritance, yes; from the compulsory portion, practically no. Children and spouses have a monetary claim against the heirs independent of the will. Deprivation of the compulsory portion (Pflichtteilsentziehung) is possible only under very narrow statutory conditions and is rarely successful in practice. What does exist, however, are arrangements: a waiver of the compulsory portion during your lifetime – which itself must be notarially recorded – or early gifts, for which, however, the ten-year rule under § 2325 BGB must be observed.

Where is the will kept?

The notary places it into official custody at the Amtsgericht (local court) and has it registered in the Central Register of Wills of the Bundesnotarkammer (Federal Chamber of Notaries). Together, both ensure that the will is found and opened on the testator’s death. This is more than a formality: a will kept at home can be lost or suppressed by someone who dislikes its content – and statutory succession then applies without anyone noticing.

Can I change a notarial will later?

A single will, at any time – you are not bound by it. This requires a new document with a new fee, or you can withdraw it from official custody, which causes it to lose its effect as a notarial will. It is different with a joint will and a contract of inheritance: there, reciprocal or contractual dispositions are, as a rule, binding after the death of the other party. Anyone who wants to retain flexibility must have this stated expressly in the document.

When should I have the will reviewed?

After every significant change in your life circumstances: marriage, divorce, the birth of a child or grandchild, the death of a beneficiary, the purchase or sale of real property, the acquisition or disposal of a business holding. A will reflects the point in time at which it was drawn up; a fifteen-year-old document can lead to results that no one would still have wanted – and then has a worse effect than none at all, because it displaces statutory succession.

Related official procedures

Contract of inheritance
Binding instead of freely revocable
2.0 fee
Contract of donation
Transfer assets during your lifetime
Depending on the form
Erbschein (certificate of inheritance)
What you often save
By estate value

Cannot find the official procedure you are looking for?

Tell us what information you need.

Send a request