Granting of probate
If the testator has left a will, the surviving dependants and the probate court are obliged to implement the last wishes of the deceased. As a rule, this process is carried out by opening a will at the probate court.
What is the probate of a will?
Pursuant to Section 348 (1) FamFG, the probate court is obliged to open the disposition of property upon death in its custody as soon as it becomes aware of the death of the testator.
- The officially deposited will
If the testator has placed his will in the official custody of a probate court, either himself or through a notary, the probate court is obliged to open the will as soon as it becomes aware of the testator's death (Section 348 (1) FamFG).
- The non-official will
If a relative or another person finds a will, this person is obliged to bring this testamentary disposition to the probate court. The destruction or falsification of a will can be prosecuted under certain circumstances.
If the court has learnt of the existence of a testamentary disposition, the probate court can issue an official order requiring the owner to surrender the documents. In addition, the probate court can demand an affidavit from persons regarding the whereabouts of a will. Furthermore, in the event of a refusal to surrender the documents, this can be enforced and an administrative fine imposed.
How is the announcement made?
The most common way of announcing a will is to send a copy of the will to the parties concerned.
Which probate court is responsible?
The probate court at the deceased's last place of residence is responsible.
How long does it take to open the will?
As a rule, a waiting period of around one month is required for a will to be opened. However, the duration varies from court to court and can take several months in rare cases.
What costs are incurred for the opening of a will?
Fees of €100 are incurred for court work. In addition, there are costs for expenses such as postage, paper costs etc.. If the will is opened by a notary, an additional 19 % VAT will be charged.
In principle, the heirs bear the costs of opening the will. However, these can be deducted from the estate as a liability.