Probate proceedings (Germany)

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In German law, probate proceedings refer to a matter of voluntary jurisdiction . The procedure in inheritance matters is regulated in Section 2 of Book 4 of the Act on Procedure in Family Matters and in Matters of Non-Legal Jurisdiction (Sections 345 ff. FamFG).

Estate matters

Probate matters are specific tasks assigned to the probate courts. According to § 342 Abs. 1 FamFG these things concern

  1. the special official custody of dispositions due to death ,
  2. securing the estate, including the maintenance of the estate ,
  3. the opening of dispositions due to death,
  4. the determination of the heirs ,
  5. the acceptance of declarations that must be submitted to the probate court according to legal regulations, for example the succession ( § 1945 BGB) or the logging of an affidavit of the heir that he has created a complete estate directory ( § 2006 BGB),
  6. Certificates of inheritance , certificates of execution of wills and other certificates to be issued by the probate court,
  7. the execution of the will,
  8. the estate administration as well as
  9. other tasks assigned to the probate courts by law, such as determining the deadline for drawing up an inventory ( Section 1994 BGB) or in the case of legacies and conditions ( Section 2151 , Section 2193 BGB), deferment of the compulsory portion claim ( Section 2331a BGB), receiving notification of entry the subsequent inheritance ( § 2146 BGB) or an inheritance sale ( § 2384 BGB).

Procedure

In principle, the court in whose district the testator had his habitual residence at the time of his death is locally responsible ( Section 343 (1) FamFG). Functionally responsible according to Section 3 (2) lit. c RPflG of the Rechtspfleger subject to the acc. § 16 RPflG transactions reserved for the judge.

After XVII. the arrangement applicable to communication in civil matters (MiZi) than the authorized the courts to communicate personal data relating to succession from attending to public bodies for other purposes of the administration proceedings or committed. For example, the tax office responsible for the administration of inheritance tax must be notified in writing of those notarizations, certificates and orders that may be important for the determination of an inheritance tax ( § 34 ErbStG , § 7 ErbStDV ), for example the issuing of certificates of inheritance.

Safekeeping and opening of dispositions due to death

A personally made will is to be taken into special official custody at the testator's request ( § 2248 BGB). The notary places a will that has been drawn up by a notary in special official custody ( Section 34 (1) sentence 4 BeurkG ). Acceptance and their subsequent publication is to be arranged by the judge and by him and the clerk of the office to effect jointly. The custody information is transmitted electronically to the registry authority that maintains the Central Register of Wills ( Section 347 FamFG, Section 78d Paragraph 2 Sentence 2 BNotO). As soon as the court becomes aware of the death of the testator, in particular through notification of the registry authority ( § 78e BNotO, § 28 PStG), it has to open a death disposal that is in its custody ( § 348 FamFG). To do this, it can invite the legal and testamentary heirs to an appointment or notify them in writing.

additional rules

The procedure in inheritance matters is not conclusively regulated in the FamFG, so that the provisions of the BGB , the BeurkG , the BNotO and the KonsG must also be used. In certain cases, a consular officer can issue a death disposition abroad ( Section 11 (3) KonsG).

Web links

Individual evidence

  1. ^ Bavarian State Ministry of Justice : Testament and inheritance contract; Filing for official custody Status: October 10, 2018
  2. ^ Veit Klinger: Official safekeeping of a will on April 10, 2018
  3. ↑ Opening of an injunction due to death in the Baden-Württemberg service portal, accessed on August 13, 2019