A will found: delivering it, the opening, what is valid

Checked on 05.11.2026

Translated from German. Where anything differs, the German text counts: Deutsche Fassung

In the drawer, in a folder, between bank statements: an envelope or a sheet in the mother's handwriting. What it says is secondary at first. First comes a duty.

Deliver it, at once

Whoever holds a will that is not in official custody must deliver it to the probate court without delay once they learn of the death (§ 2259 BGB). This applies to every document that could be a will:

even if it is old,
even if it seems unclear, crossed out or obviously outdated,
even if there are several – then all of them,
even if it is to your disadvantage.

Whether it is valid is not for the finders to decide. Whoever withholds or destroys a will can commit a criminal offence and lose their own right to inherit.

The probate court of the deceased's last place of residence is responsible. Hand in the original, not a copy, and have the delivery confirmed. Hand in a sealed envelope sealed.

What the court then does

The probate court opens the will and notifies the parties of its content in writing (§ 348 FamFG). These are the persons named in the will and the statutory heirs. There is usually no appointment everyone attends.

With this notification, at the earliest, the period for rejecting begins for heirs appointed in the will (§ 1944(2) BGB).

Notarial wills and wills deposited with the court are listed in the Central Register of Wills. The court learns of them without the family doing anything.

When a handwritten will is valid

Entirely handwritten and signed, by the deceased themselves (§ 2247 BGB). A typed text that is only signed is not enough.
Place and date should be stated. If they are missing, the will is not invalid for that reason alone, but there can be doubts, especially if there are several.
Several wills: a later one revokes an earlier one insofar as it contradicts it (§ 2258 BGB).

Whether a particular will is valid and what it means is decided by the court in a dispute. Before that, a lawyer assesses it.

What helps

Take a photo and a copy before handing in the original.
Record where and when it was found, and who was there.
Tell all siblings at the same time. Whoever only learns of it from the court wonders why.
Keep looking. One find does not mean it is the only one.