Probate Court (Nachlassgericht)

The probate court (Nachlassgericht) is a Special Division of the district court (Amtsgericht) at the place of the last habitual residence of the deceased. See § 343(1) of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (hereinafter: FamFG). If the deceased had no habitual residence in Germany when he died, the probate court at the place of his last habitual residence is the proper venue. See § 343(2) FamFG.  If the deceased never had no habitual residence in Germany, the probate court in Schöneberg/Berlin is the proper venue. See § 343(3) FamFG.