Testamentsvollstreckerzeugnis beantragen

§ 2368 German Civil Code - Certificate of Execution of Testaments (BGB)
https://www.gesetze-im-internet.de/bgb/__2368.html

No. 12413 KV Law on costs of voluntary jurisdiction for courts and notaries - Annex 1 (to Section 3 Paragraph 2) - List of costs Procedure for issuing a certificate confirming the acceptance of the office of executor (GnotKG)
https://www.gesetze-im-internet.de/gnotkg/anlage_1.html

No. 12210 KV Law on costs of voluntary jurisdiction for courts and notaries - Procedure on the application for the issuance of a certificate of inheritance or a certificate (GnotKG)
https://www.gesetze-im-internet.de/gnotkg/anlage_1.html

If you have been appointed as executor in a will or inheritance contract, you can apply for a corresponding certificate of executorship.

If you have been appointed as executor in a will or inheritance contract, you can apply for a certificate of executorship from the probate court. The certificate of executorship serves as proof of the legal status of the person who identifies it. It shows that you are authorized to implement the last wishes of the deceased person and, for example, to take over the administration of the estate. You will need this certificate, for example, at banks or authorities in order to settle the estate's affairs.

Alternatively, you can have the application recorded by a notary.
By submitting your application, you also declare that you accept this position.

Be sure to submit the original will first.

Please bring the following documents with you to the appointment:

• Identity card or passport with current confirmation of registration
• Original or a (notarized) copy of the death certificate of the testator

You can also send the death certificate to the responsible office by post before the appointment. Alternatively, you can either hand the death certificate in person at the police station or the court's post office beforehand, or you can put it in a sealed envelope and put it in the mailbox.

You are named as executor in a will or inheritance contract.

There is a fixed fee of EUR 50.00 for the certificate of acceptance of office.
The amount of the fees for issuing the certificate of executorship depends on the value of the estate after deduction of the debts of the testator and is determined from the fee table in the appendix to the Law on Costs of Voluntary Jurisdiction for Courts and Notaries.

You apply for a certificate of executorship at the responsible probate court (usually the local court in whose district the deceased last lived). You must appear in person at the responsible office.

• Submit a request there to make an appointment to issue a certificate of executorship.
• To do so, use the online service "Apply for a certificate of executorship". Using the online service, you can submit a request to make an appointment to apply for a certificate of executorship at the office responsible for you.
• Alternatively, you can also use the form provided.
• Be sure to hand in the original will or inheritance contract to the responsible authority before the appointment.
• An appointment will only be made once the will has been opened by the court.
• In the event that the will is held by another court, it is necessary to wait for the will to be sent.
• The responsible office will contact you to arrange an appointment.
• At the appointment, you will personally make a declaration under oath before the responsible authority. This confirms that you are not aware of anything that would contradict the accuracy of your information.
• This is not necessary if the competent authority waives it.
• The responsible authority will check your eligibility and issue the executor’s certificate.

The processing time depends on the individual case.

At the request of one of the parties, the probate court may set a deadline for the appointed person to declare acceptance.

The probate court does not provide legal advice. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

You can also submit the application through an authorized person, such as a notary or a lawyer, or have it recorded in court. The additionally required affidavit can only be submitted by you personally. If a notary certifies the affidavit, this person can certify the application at the same time.

Complaint

• Anyone who is appointed as executor in a will or inheritance contract can apply to the probate court for a certificate of executorship.
• The application can also be recorded by a notary and sent to the probate court.
• The certificate of executorship serves as proof of the person’s legal status.
• The application of the appointed person for the issuance of the certificate of executor simultaneously constitutes acceptance of the office.

Hamburg District Court