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.
More Information
Publisher
Bremen
Last update or date of publication
Contact
The government service telephone number 115 – your point of contact for questions related to the federal, state and local.
Monday through Friday from 8:00 to 18:00 (and beyond these times in some regions).
Call 115 nowGovernment service telephone number calls are charged at local rates.
Preconditions
The land register has become incorrect due to the death of a (co-)owner.
Hints
The succession is a so-called universal succession.
This means, for example, that
- several heirs form a community of heirs and can only be entered as such in the land register. The respective shares in the community of heirs are not entered.
- a "transfer" of an individual object of the estate - e.g. a plot of land - made in a will cannot be entered directly in the land register. This first requires a formal transfer from the heir or heirs to the beneficiary.
If the deceased was entered in the land register as a partner in a civil-law partnership, the new ownership relationship is governed in this respect by the content of the partnership agreement.
The employees of the land registry are not authorized to give legal advice.
Information on the Real Estate Tax Reform 2022
The Land Registry will only send a land register extract to the owners, as this contains all the information that the Land Registry can provide in this regard. For further questions on the subject, please refer to the homepage of the Senator of Finance. Detailed information is provided there.
Important: The living space calculation is not carried out by the land registry, since this information does not result from the land register!
After the expiry of the 2-year period, a 1.0 fee arises for the registration of the change of ownership according to fee table B of the GNotKG from the value of the inherited real estate at the time of the application (not of the inheritance). Example: Value of the property: 100,000 € = 273 € fee Value of the property: 500,000 € = 935 € fee In addition, a cadastral continuation fee is charged. This amounts to 35% of the fee for the change of ownership. Example: Value of the land: 100,000 € = 95.55 € (35% of 273 €) Value of the property: 500,000 € = 327.25 € (35% of 935 €)
Basis for legal action
Legal Remedies
Please enquire about your legal remedies at the responsible office.
Procedure
The sole heir or one of the co-heirs must file an (informal) application for land register correction. If execution of the will has been ordered, the executor usually makes the application.
The application is made either
- in person at the legal application office of the land registry (opening hours from 09:00 to 12:30)
or
- in writing at the land registry
It is not possible to submit an application by telephone or e-mail.
After receipt of the land register correction application, the legal officer checks the submitted documents and the content of the application for completeness and required form.
If further evidence is required, the applicant will be notified and is obliged to obtain it.
The arrangement of an execution of a will or a succession shall be entered ex officio in the land register together with the succession.
Once the new ownership structure has been entered in the land register, all heirs and, if applicable, the successors and executors will receive notification of this.
Deadlines
If the application for land register correction is filed with the land registry within 2 years of the death (= date of death), the land register correction is free of charge. The same exemption from fees applies if a community of heirs separates in a notarial deed and applies for the registration of the new ownership structure at the land registry within the 2-year period. However, this only applies if the land register has not yet been corrected. The 2-year period is a preclusive period. It cannot be extended. The application for land register correction can be made in order to meet the deadline, even if the certificate of inheritance is not yet available.