Opening of the will

The court responsible for issuing the will or wills is the local court as the probate court where the testator had his last place of residence (Section 343 Paragraph 1 FamFG).

Process of opening a will: opening minutes

Once all wills have been received by the probate court, the will will be opened. When the will is opened, the probate court prepares an opening record. This record is a formal compilation of all of a testator’s last will and testament. It is no longer common practice to have a court hearing where everyone involved is present.

The probate court forwards this opening minutes to the parties involved in the proceedings. The parties involved in the process are usually the heirs, other people named in the will, or disinherited children or spouses. People who are not heirs but are still considered in the will are, for example, legatees to whom the testator has given a legacy.

Opening a will: no examination of the content!

The probate court neither examines the content of the will nor does it provide any other legal information or advice. It is the responsibility of those involved in the process themselves to obtain timely and comprehensive information about the rights and obligations that arise for them.

If, for example, you have doubts about the testator’s testamentary capacity or fear that the testator made a mistake when writing the will, was threatened or deceived (so-called lack of will), it is necessary to contest the will if necessary.

What is the significance of opening a will?

The opening of a will not only has an informational effect for heirs and legatees, etc. The opening of a will is very important, among other things, for the possibility of rejecting an inheritance. The six-week rejection period for potential heirs begins at the latest when the transcript of the will is received.

Anyone who is thinking about refusing an inheritance should seek legal advice on how to proceed as soon as they receive the transcript of the will.

Inheritance certificate procedure is a different procedure

The opening of the will has nothing to do with the inheritance certificate process itself. However, it is only possible to apply for a certificate of inheritance after the will has been opened. The same probate court is then responsible for the inheritance certificate procedure.