What Happens if I Submit the Will Too Late?

Submitting a will to the probate court (Nachlassgericht) in Germany is a crucial step in the inheritance process. While there is no strict statutory deadline for submitting the will, delays can lead to complications that may affect the estate's administration and the implementation of the testator's wishes. Here’s what you need to know about the consequences of late submission:

 
1. Legal Obligation to Submit the Will
Under German law, anyone in possession of a will is legally obligated to submit it to the probate court as soon as they become aware of the testator’s death. This applies to:

Executors named in the will.
Family members or beneficiaries who discover the document.
Anyone holding the will for safekeeping.
Failure to fulfill this obligation can result in penalties, including fines.

 
2. Delays Can Lead to Disputes
If the will is not submitted promptly:

Confusion over inheritance rights: Without the will, the estate may initially be distributed according to intestate succession (gesetzliche Erbfolge), which may not align with the testator’s wishes.
Family disputes: Delayed submission can create or exacerbate conflicts among heirs, particularly if assets have already been divided.
 
3. Risk of Asset Mismanagement
Without the will, the probate court cannot appoint an executor or issue an inheritance certificate (Erbschein). This may result in:

Unauthorized access to assets: Family members or others may access the estate without legal authority.
Loss or depletion of assets: Estate assets, such as bank accounts or property, may be mismanaged or lost before the will is recognized.
 
4. Potential Loss of Testamentary Intent
If the will is discovered or submitted late, some parts of the estate may already have been distributed. This can make it more challenging to implement the testator’s wishes, as:

Assets may need to be reclaimed: Beneficiaries may need to return assets distributed under intestate succession, which can be difficult or impossible if the assets have been spent or sold.
Additional legal steps may be required: Correcting misdistribution often involves legal action, which can be time-consuming and costly.
 
5. Missing Deadlines for Mandatory Shares
In Germany, certain heirs (e.g., children and spouses) have a right to a mandatory share of the estate (Pflichtteil). If the will is submitted too late:

Mandatory share claims may be harder to calculate and enforce.
Heirs entitled to a Pflichtteil may face challenges in recovering their rightful inheritance.
 
6. Risk of Legal Penalties
Failing to submit a will in a timely manner may result in:

Fines: The person withholding the will can be fined for failing to comply with legal obligations.
Liability for damages: If late submission causes financial harm to other beneficiaries, the person responsible for the delay may be held liable.
 
What Should You Do If You’ve Delayed Submitting the Will?
Submit the Will Immediately: Take the will to the probate court as soon as possible. The court will begin the process of verifying and implementing the document.
Inform the Court About the Delay: If there’s a reason for the late submission (e.g., the will was discovered late), inform the court to avoid penalties.
Seek Legal Assistance: If the delay has caused complications, such as disputes or mismanagement of assets, consult an inheritance lawyer to resolve the issues.
 
Key Takeaway
Submitting a will late doesn’t automatically invalidate it, but it can cause significant complications for the estate and beneficiaries. Acting promptly ensures the testator’s wishes are respected and reduces the risk of disputes and financial losses. If you’re unsure about the process or have already delayed, seeking professional guidance can help navigate the situation effectively.