Correcting the land register after property inheritance
Anyone who accepts an inherited property must have the ownership structure adjusted in the land register. The land register is kept by the competent local court and documents all ownership relationships as well as any liens such as mortgages or land charges.
Why is a land register correction necessary?
With the rectification, you are officially entered in the land register as the new owner. As the beneficiary of the estate, you must submit a written application for this. To prove that you are legally taking the place of the deceased, you will usually need a certificate of inheritance.
Apply for a certificate of inheritance
The certificate of inheritance is a document that is issued by the probate court and legally certifies the succession. To obtain it, you must prove to the probate court that your details are correct. This may include the following:
- Presentation of documents such as death certificate and proof of citizenship of the deceased
- Proof of the deceased's last place of residence
- Proof that no legal dispute is pending regarding the inheritance
If certain documents are difficult to obtain, you as the heir can make an affidavit to the court or a notary. Fees are charged for the issue of the certificate of inheritance and, if applicable, for the affidavit, which are based on the value of the estate.
Costs and alternatives to a certificate of inheritance
The costs for a certificate of inheritance are scaled according to the value of the estate. For an estate of 100,000 euros, for example, the fee is 546 euros. If there is a clear will or contract of inheritance that clearly regulates the succession, a certificate of inheritance is not necessary. In this case, you can save costs. You can find out whether these documents are sufficient from the probate court.
No notary required
You do not need a notary to correct the land register. However, the transfer must have taken place no later than two years after the death. If you submit the application later, the office may charge an additional fee.
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Robert Schüßler
Property valuer (EIA and IHK)
