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Notary & lawyer vs. Erbnis

A notarized will in Germany is legally binding and, in practice, hard to beat. But it answers a completely different question from the one that matters for a digital estate: who inherits, not where the accounts are or how to get into them.

By The Erbnis editorsPublished 1 September 2026Updated 1 September 20266 min read

Key takeaways

  • A notarized German will (notarielles Testament) is legally binding and usually replaces a certificate of inheritance with banks.
  • Notaries and lawyers settle the legal side of an estate — not which digital accounts exist or how to access them.
  • Passwords should never go into a will, because once opened after death it can be read by several people.
  • Notarization costs in Germany follow the GNotKG fee schedule and scale with estate value.
  • Erbnis doesn't replace a will or notarization — it documents the practical, digital layer.

What notaries and lawyers genuinely do well

In Germany, a notarized will carries serious legal weight. The notary checks your legal capacity, advises on forced-heirship rules (Pflichtteil), and drafts the will's language so it holds up and is difficult to contest later. Unlike a handwritten will under § 2247 of the German Civil Code (BGB), which you can write entirely yourself by hand, the notarized version has the notary handle the wording and make sure nothing is left ambiguous.

A practical advantage follows from that: banks and land registries in Germany generally accept a notarized will, together with the court's official opening record, as sufficient proof of inheritance — no separate certificate of inheritance (Erbschein) required. A handwritten will, by contrast, is often not enough on its own, and institutions ask for an Erbschein, which costs time and money. Couples who want to plan together can also sign a contract of inheritance (Erbvertrag), which is more binding than a simple will and harder to change unilaterally later.

Notaries also register wills with Germany's Central Register of Wills (Zentrales Testamentsregister, ZTR), run by the Federal Chamber of Notaries. That means the responsible probate court is automatically notified of your will's existence once a death is reported — a will sitting in a home drawer can easily be overlooked entirely.

Notary/lawyer vs. Erbnis
 Notarized willLegal adviceErbnis
Legally bindingJadepends on the serviceNein
Costset by GNotKG, value-basedhourly rate or flat feepredictable subscription
Digital accounts documentedNeinNeinJa
Access paths documentedincluding 2FA notesNeinNeinJa
Easy to keep updatedneeds re-notarizationneeds new consultationJa
Notifies family automaticallyNeinNeinJa
Replaces a willis oneNeinNein

As of September 2026, to the best of our knowledge; notary and legal fees vary by case.

What notaries and lawyers deliberately don't do

Neither a notary nor a lawyer keeps a list of your streaming subscriptions, email accounts, cloud storage, or crypto wallets. That's not negligence — it simply isn't their job. Their mandate is the legal security of your wishes, not a practical inventory of your digital life. A will says who inherits — not what there even is to inherit when it comes to online accounts.

Access paths are likewise out of scope. How an heir gets past two-factor authentication, which device is needed for confirmation codes, or where a recovery code is stored — none of that is covered. And crucially, a will is opened after death and can, within limits, be read by heirs, the court, and sometimes notary staff. That's exactly why passwords should never be written into it: whatever ends up in an opened will can no longer realistically be kept secret.

Complementary, not competing

A notary and Erbnis don't compete, because they solve different layers of the same problem. The notary makes sure your wishes hold up legally: who inherits, how forced-heirship claims are handled, what applies in a dispute. Erbnis makes sure your heirs actually know what exists and how to get to it — the practical map to the legal framework.

Combining both gives you the strongest setup: a legally valid will registered with the Central Register of Wills, plus an always-current, secure overview of digital accounts and access paths in Erbnis. Erbnis explicitly does not create a will and does not replace notarization — for that, seeing a notary or lawyer remains the right path.

Frequently asked questions

Sources

  1. [1]§ 2247 BGB — Handwritten will (German Civil Code)
  2. [2]Federal Chamber of Notaries: Central Register of Wills (ZTR)
  3. [3]Court and Notary Fees Act (GNotKG)
  4. [4]Federal Chamber of Notaries: inheritance and wills