What happens when a will is opened?

The most important things at a glance

Will is opened by the probate court.
Heirs will be notified in writing.
Opening takes place after knowledge of the death.
Privately held wills must be handed over to the court.
Once opened, the inheritance process begins.

Please read the full article for detailed information.

Wills are a crucial tool for ensuring that a person's last will is implemented. The process of opening and reading wills is clearly regulated in Germany and follows a fixed procedure to ensure fairness and legal compliance.

In this guide, you will learn in an understandable and practical way how the process of opening a will works. In doing so, we explain the essential steps — from notifying the heirs to the exact formalities and legal steps.

What is a will and when is it opened?

A will is a legally binding document that determines how a person's assets should be divided after their death. In Germany, a will is primarily used to implement the last will of a deceased person and to ensure that their property, savings and other possessions are inherited in accordance with their wishes. If there is no will or is it invalid because it does not meet the legal requirements, the legal succession comes into force — which does not always meet the expectations of the deceased person.

Certain formal requirements must be met for a will to be legally effective. A handwritten will, the most common form, must be written entirely by hand and signed with a full name. The location and date are recommended, but not absolutely necessary; however, it is important that the testing will is clearly visible. A notarial will, on the other hand, is drawn up or checked by a notary and has a higher evidentiary value. The testator can explain his will orally before the notary or hand over a written will, which is then certified. In exceptional situations, such as when life is in danger, an emergency will can be made orally before three witnesses, but loses its validity after three months if the testator does not make any new regulations. Witnesses are not required for a handwritten will.

A will is usually only officially opened after the death of the person who wrote it (also known as the testator). The probate court takes over this procedure as soon as it learns of the existence of a will and a death certificate is available. If the will has been filed with the court, its opening is automatically initiated. If, on the other hand, the will has been kept privately, those who find it are obliged to hand it over to the probate court immediately.

After receipt of the will, the probate court takes the following steps:

Examination of the death certificate to confirm the death of the testator.
Official opening of the will, including verification of its authenticity and content.
Informing heirs about their rights and obligations in connection with the inheritance.

The inheritance process formally begins with the opening of a will.

‍Steps when opening a will

Notification of heirs

When a person dies and leaves a will, it is essential that all heirs are informed in good time and formally. In Germany, the probate court performs this task. The probate court is the competent authority that regulates the entire process and ensures that all legal requirements are met.

The court is required by law to notify heirs of their status as heirs within a certain period of time. As soon as the will has been received by the probate court, the heirs are usually informed in writing promptly, often within a few weeks. This communication usually contains important information, such as a reference to the existence of a will and details of the further procedure for opening it.

Proper notification is essential for a number of reasons:

It ensures that heirs are aware of their rights, such as the right to accept or reject the inheritance.
It gives heirs the opportunity to challenge the will if they have any doubts as to its validity or fairness.
It enables heirs to prepare for possible legal or financial obligations that could result from the inheritance.

Failure or delay in notifying the heirs may result in legal disputes or a significant delay in inheritance proceedings. For this reason, the probate court performs this task with particular emphasis.

Scheduling for the opening of a will

As soon as the probate court or a notary's office has been informed of the existence of a will, it must be made to arrange an appointment for the opening. After the court or notary office has verified the authenticity of the will and informed all relevant persons, a date is set for the opening of the will.

The timeline until this meeting may vary, but the scheduling usually takes place relatively promptly after the heirs have been notified. The date is often set within a few weeks — depending on the workload of the court and the complexity of the estate.

Typical participants in the will opening session include:

the heirs named in the will,
all beneficiaries who have received specific legacies,
executor, if one has been appointed
as well as other stakeholders such as creditors or parties involved in legal disputes.

As a rule, personal presence is important, but participants who cannot appear in person can also be represented by legal counsel.

Opening and reading of the will

In Germany, the “reading” of a will is far less dramatic than you know from films. Rather, the process is formal and orderly. There is no big meeting where a will is read aloud. Instead, the will is usually reviewed and processed either by the probate court or by the notary's office — depending on individual circumstances.

After the will has been officially opened, the heirs are informed of its content. This is done in two ways:

Either the probate court or the notary office will inform the heirs in writing of the details of the will.
Or a formal date is set at which the contents of the will are disclosed.

Regardless of the procedure, the heirs and all other beneficiaries are informed of their claims and roles in the event of an inheritance. This disclosure is of central importance because it makes heirs aware of their rights and obligations — such as the decision to accept or reject the inheritance. From this point on, all necessary legal steps will also be initiated, including estate administration and the distribution of assets.

Legal steps following the opening of a will

As soon as a will is opened, the heirs are faced with significant legal decisions relating to the inheritance. In Germany, there are basically two options: accepting or denying the inheritance.

If you decide to accept the inheritance, this means that you assume both assets and financial liabilities. Should the estate be over-indebted, for example, the heirs bear this burden. If heirs, on the other hand, reject the inheritance (waiver), they are not involved in either the assets or the liabilities. This decision is particularly relevant when the debts exceed the total value of the estate.

From the time of notification that the will has been opened, the heirs have six weeks to make a decision and officially declare it. However, if you are abroad, the period is extended to six months. If no waiver is made within this period, the inheritance is automatically considered accepted.

The legal process varies depending on the option selected:

Redemption of inheritance: This requires a formal declaration to the competent probate court. This can be submitted either in person or in the form of a notarial document. The probate court then processes and confirms the waiver.

Acceptance of inheritance: No separate declaration is required for acceptance. If you do not actively act within the time limit, the inheritance is automatically considered accepted. Depending on the complexity of the estate (particularly in the case of existing debts), additional formalities may be required, such as the provision of further documents.

In both cases, it is advisable to act quickly and within legal deadlines to avoid potential legal or financial problems.

Potential difficulties

When opening a will, there may be various complications that can lead to delays or even legal disputes. The most common problems include disagreements among heirs, such as when they find the division of the estate unfair or surprising. Should an heir receive a significantly larger share of the estate, others could doubt the appropriateness of the will. This can cause tensions within the family and, in some cases, require legal intervention.

Another common problem results from unclear or misleading wording in the will. If the deceased person's intentions are not clearly expressed, the heirs may interpret individual clauses differently. This often leads to confusion and dispute over who has which claim. In such cases, it may be necessary to involve a court to interpret the will, which may prolong the entire estate process.

The legal validity of a will can also be called into question. Such challenges are often based on allegations such as:

The will was falsified or manipulated.
The deceased person was not legally competent or was under pressure when drawing up the will.
The will does not meet the legal requirements in Germany, e.g. with regard to the necessary form, signature or witnesses.

If such allegations are made, the probate proceedings can be massively delayed, as it must first be clarified in court whether the will is legally effective.

conclusion

A comprehensive understanding of the process of opening a will is crucial to correctly implement the last will of a deceased person and avoid legal stumbling blocks. The probate court ensures that the process is fair and in accordance with legal requirements. However, challenges such as disagreements among heirs or unclear wording of wills can arise.

In such cases, it is advisable to seek professional assistance in a timely manner. With legal advice, conflicts can be avoided, open questions clarified and delays minimized. This ensures that the estate is not only settled in a legally correct manner, but also in the interests of the deceased person — for an orderly and respectful conclusion of the inheritance process.

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FAQ

What happens during a hearing at the German probate court?

The will is officially opened in a hearing before a German probate court. In doing so, the court ensures that the document complies with legal requirements and checks its legality. The will is then read out to the heirs. In doing so, the court resolves discrepancies, should they exist, and informs the heirs of their rights and obligations. If necessary, an executor is also appointed. Within this framework, the probate court also deals with possible disputes or challenges to the will.

Who is responsible for opening wills in Germany?

In Germany, the probate court is responsible for opening a will. As soon as the court becomes aware of the testator's death, it notifies all heirs and other parties involved and invites them to officially open a will. The will is opened by the court and its contents announced. The probate court then informs the heirs of their respective rights and obligations.

How long does the probate process take in Germany?

As a rule, probate proceedings in Germany take several months to a year — depending on the complexity of the estate and potential disputes between the heirs. After the will has been opened, the probate court checks its validity and informs either the executor or the heirs of the next steps. If everything runs without difficulty, the process can be completed relatively quickly. But factors such as unclear inheritance claims, contested wills or existing debts can significantly extend the period and make the process more complicated.

Which documents are required in Germany to open a will?

To open a will in Germany, you usually need the deceased person's death certificate, the will itself (if available) and proof of your eligibility, either as a potential heir or as an executor. The will is usually submitted to the competent probate court, which then carries out the formal opening of the will and announces the content. If the will has already been filed with the probate court, it will be opened automatically as soon as the court receives notification of the death. Depending on the individual case, additional documents such as proof of kinship or a certificate of inheritance may be required.

What happens when a will is opened?

The most important things at a glance

What is a will and when is it opened?

In 3 steps to your non-binding offer

‍Steps when opening a will

Notification of heirs

Scheduling for the opening of a will

Opening and reading of the will

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