Land registry - succession in the land register
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Bauen und Wohnen
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Bauen und Immobilien
Upon the death of an owner, the land register becomes incorrect. The heirs or, if applicable, the executor are obliged to apply for the land register correction and to obtain all documents for the proof of succession.
Basic information
Upon inheritance, the land register becomes incorrect. Every heir is obliged to correct the land register immediately and to obtain the necessary evidence.
To enforce this obligation, the land registry may initiate compulsory proceedings.
Requirements
The land register has become incorrect due to the death of a (co-)owner.
What documents do I need?
- Request
Written, but informal possible (e.g. no notarial signature certification is required).
An e-mail does not comply with the written form.
- Proof of succession
Succession is proved by a certificate of inheritance in execution (a simple copy or a certified copy is not sufficient) if intestate succession has occurred or succession is based on a handwritten will.
A will can only suffice as proof of inheritance if it is contained in a public document. In this case, a certified copy must be submitted together with the record of the opening of the will. If the succession is not clearly regulated therein, the Land Registry can demand the submission of a certificate of inheritance.
Please apply for a certificate of inheritance at the competent probate court. Information on this can be found in the service descriptions of the probate court.
Special circumstances apply if the deceased is registered as a partner under civil law or in community of property with the spouse. Please seek separate legal advice on this if necessary.
