How Can I Find Out if a Will Exists?

When a loved one passes away, understanding whether they left behind a will is a crucial first step in honoring their final wishes and managing their estate. Here’s a guide to help you determine if a will exists:

1. Check Their Personal Belongings
Start by looking through your partner’s personal documents and important files. Wills are often kept in secure places such as:

Home safes or locked drawers.
Filing cabinets with labeled folders.
Safety deposit boxes at banks (you may need to contact the bank with proof of death and your relationship to access these).
2. Contact Family Members or Close Friends
Sometimes, your partner may have shared the existence of a will with someone they trusted. Family members, friends, or legal advisors might know where the will is stored or which attorney prepared it.

3. Consult Their Attorney
If your partner had a personal lawyer or legal advisor, reach out to them. Attorneys often keep copies of the wills they draft for their clients or can provide details about its existence and location.

4. Inquire at the Local Probate Court
In Germany, wills may be registered with the Central Register of Wills (Zentrales Testamentsregister). This official registry holds information about wills deposited with notaries or courts. You can contact a local probate court to inquire if a will is officially recorded.

To make this inquiry, you may need:

A death certificate.
Proof of your relationship to the deceased (e.g., marriage certificate).
5. Check for Notarial Deposits
In Germany, many individuals choose to deposit their wills with a notary for safekeeping. Contacting notary offices in the area where your partner lived may help locate the will.

6. Search for Digital Records
In today’s digital age, some people choose to store important documents in the cloud or on personal devices. If you have access to your partner’s electronic devices or email accounts, you may find references to a will or communications with an attorney.

7. What If No Will Is Found?
If no will is discovered, your partner’s estate will be handled according to German intestate succession laws. This means the distribution of assets will follow a legally defined hierarchy, prioritizing spouses, children, and other relatives. If you're unsure about your position in this process, consulting with a legal expert is highly recommended.

Taking Action
Discovering whether a will exists is an essential step to ensure your partner’s wishes are respected and their estate is handled properly. If you’re struggling to locate a will or need guidance in this process, reach out to professionals who can assist with estate management and legal requirements.