Central register of wills

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The Central Register of Wills ( ZTR ) is used to identify notarized and officially kept, succession-relevant documents in the Federal Republic of Germany . In this way, probate courts can decide quickly in the event of death and then as desired by the testator. The succession-relevant documents , such as wills and inheritance contracts, are registered as notaries by courts and notaries . According to § 78c sentence 3 of the Federal Notary Code (BNotO) in conjunction with § 7 paragraph 3 sentence 1 of the Will Register Ordinance (ZTRV), in the event of the death of the testator , the registry authority informs the probate court responsible under § 343 FamFG which custody information is contained in the ZTR and which custodian notified them, and sends the notice of death.

The Federal Chamber of Notaries establishes and operates the largely electronically managed register as a corporation under public law , which began its work on January 1, 2012. Until the end of 2016, there was a transition period during which German registry offices should send their previous index cards to the ZTR in digital form.

Basics

The preparatory work for the register began years ago so that it can complete its tasks on January 1, 2012. In December 2010, the establishment of the central register of wills was decided by the federal legislature (§§ 78a-f BNotO) . In the Wills Register Ordinance (Federal Law Gazette I, p. 1386) published on July 18, 2011, the Federal Ministry of Justice regulated the details of the establishment and operation of the ZTR.

purpose

With the Central Register of Wills, the legislature would like to promote the modernization of the notification system in inheritance matters. Above all, the finding of notarized and officially custody documents relevant to successions should be ensured. With the help of modern communication technologies, the safekeeping details of the relevant documents can be found quickly. The respective depositary is then informed of the death so that it can open the relevant documents and send them to the competent probate court . The probate court also has the option of obtaining other information about the ZTR that is relevant to its work. This includes, for example, information on children, respondents or indications for the requirement of securing the estate, which are communicated as part of the death notification. Time-consuming individual inquiries at the registry office do not have to be made.

Transfer of the wills lists

Existing custody messages must be electronized from the more than 5,000 registers of the registry offices and the main file for wills (Schöneberg District Court / Berlin) and transferred to the central will register. This is an essential part of the register commissioning and will take several years and should be completed by the end of 2016.

content

The register records certain custody information that ensures that the succession-relevant documents can be found.

With regard to the custody information to be stored, the following are particularly relevant:

  • Data of the testator, including the birth register number if the birth is notarized in Germany
  • Details of the depositary (local court or notary)
  • Information on the deed, in the case of notarial deeds, information on the notary

Procedure

In the case of notarial deeds, the relevant custody information is transmitted by the notary to the central will register. If a handwritten will is placed in the official custody of the local court, the report is made by the local court . The reports are made electronically. The assigned safekeeping number is communicated to the reporter and noted on the memo sheet for the certificate. In the case of wills, this is also written on the envelope. This creates the link between the report and the physical certificate.

privacy

The content of the certificate is not deposited with the register. This is how the concept of data avoidance and data economy is implemented. Data security is guaranteed through encrypted transmission. Queries can only be made by public officials, i.e. notaries or courts.

costs

The registration fee is a one-time fee of 15 euros (18 euros if the reporter does not settle for the Federal Chamber of Notaries). This also includes the costs that arise from the query in the event of death .

See also

  • Central pension register for recording power of attorney and care directives, each also in connection with living wills.

Individual evidence

  1. ^ Federal Chamber of Notaries . Register of wills website. Retrieved July 24, 2011.
  2. ↑ ZTRV - HTML
  3. ↑ Page no longer available , search in web archives: Bundesratsdrucksache 247/10 (PDF; 532 kB) Retrieved on March 22, 2011.@1@ 2Template: Toter Link / www.bundesrat.de
  4. ^ Federal Chamber of Notaries . Register of wills website. Retrieved July 24, 2011.
  5. ↑ Page no longer available , search in web archives: Federal Chamber of Notaries . Register of wills website. Retrieved July 24, 2011.@1@ 2Template: Toter Link / www.testamentsregister.de
  6. ^ [1] Press release from the Berlin Senate Department of Justice from December 29, 2011 at Juris
  7. ^ Federal Chamber of Notaries . Register of wills website. Retrieved July 24, 2011.