In Germany, the Central Register of Wills (“Zentrales Testamentsregister” – ZTR) is the registration office for last wills and inheritance contracts. The register is intended to ensure that wills, inheritance contracts and other documents relevant to succession can be found in the event of inheritance. However, it does not contain any information on the content of the documents. In this blog post, you will learn about the tasks of the Central Register of Wills, what information is registered there and when it can be accessed.

1. Tasks of the Central Register of Wills

The Central Register of Wills is a central database administered by the Federal Chamber of Notaries. It serves to register wills, inheritance contracts and other inheritance and estate regulations, thereby ensuring that they are not falsified and will be considered. Registration in the Central Register of Wills thus safeguards that no testamentary or inheritance contract provisions are overlooked. This is guaranteed by a legally defined procedure, according to which the responsible registry office automatically sends an electronic death notification to the Central Register of Wills in the event of every death. If the Central Register of Wills contains information on documents relevant to succession, the relevant depositary is informed and requested to deliver the documents. At the same time, the competent probate court is informed of the documents to be taken into account and can open them as soon as they are available. The probate court then informs the heirs, legatees and beneficiaries of compulsory portions about the documents that have been opened.

2. What information is registered in the Central Register of Wills?

Colloquially, one speaks of a deposit in the Central Register of Wills. However, this wording is misleading, because only certain details relating to the deposited document are recorded in the online register (personal data and the type of document deposited). The document relevant to the inheritance itself or its contents cannot be accessed via the register of wills. Instead, the actual will is sent in a sealed envelope to the depository at the probate court, where it is stored sealed and the envelope is only opened in the event of death. This is referred to as official safekeeping (“Amtliche Verwahrung”).

A distinction must be made between documents registered in the Central Register of Wills that must be registered, and those for which registration/deposit is voluntary:  

• Notarised wills and inheritance contracts as well as handwritten wills in official custody: If a will or inheritance contract is notarised, this document is automatically registered in the Central Register of Wills as part of the notarisation process (§ 34a BeurkG). The notary sends the original document in a sealed envelope to the depository for official safekeeping. The same applies to handwritten wills that have been handed over to a notary for official safekeeping, although this is rare in practice. 

• Handwritten wills and inheritance contracts: If a will or inheritance contract is not notarised by a notary but is handwritten, this document may also be registered in the Central Register of Wills. This registration with deposit is voluntary and must be initiated by the testator themselves at the probate court (§ 347 FamFG). Information on the deposit process is usually provided by the respective federal states (see https://service.berlin.de/dienstleistung/327671/ for Berlin).

• Other documents relevant to succession: In addition to wills and inheritance contracts, there are other declarations that may influence succession and must therefore also be deposited with the ZTR. These include, for example, declarations of renunciation of inheritance, agreements to waive gifts and marriage contracts – the latter only insofar as they actually influence succession due to the specific provisions in the contract. 

If documents relevant to succession are later revoked in full or withdrawn, it usually makes sense to remove the respective document from the Central Register of Wills. Otherwise, it would be opened in the event of death. The situation is different when it comes to mere additions to documents relevant to succession. In this case, it usually makes sense to register these additions with the ZTR as well.  

Incidentally, only probate courts and notaries have access to the core information stored in the register in the course of their duties. During the lifetime of the persons concerned, this is also only possible with their consent (§ 87f BNotO).

3. Costs of the Central Register of Wills

When it comes to costs, a distinction must be made between registration in the Central Register of Wills on the one hand and deposit with the depositary on the other. A one-time fee is charged for registration in the Central Register of Wills. The amount depends on whether the registration is carried out by the notary or the person concerned and currently ranges between EUR 12.50 and EUR 15.50. The fee for the depositary is currently EUR 75.00.

Conclusion: The Central Register of Wills offers valuable security for both the testator and the heirs. The registration of wills, inheritance contracts and other relevant documents ensures that the last will of the deceased person is actually found, brought to the attention of the heirs and that the estate can be settled accordingly. It thus offers both legal certainty and transparency in the settlement of estates.  

Useful links (in German): 

Information on the Central Register of Wills of the Federal Chamber of Notaries: https://www.testamentsregister.de/

Information on the topic of ‘Inheritance and Gifts’ from the Federal Chamber of Notaries: https://www.notar.de/themen/vererben-und-schenken

Letztwillige Verfügungen jederzeit sicher auffindbar (Broschüre Bundesnotarkammer)