Land registry - succession Unfortunately this specification of service has not yet been completely translated.
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.
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.
The land register has become incorrect due to the death of a (co-)owner.
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, as this information does not result from the land register!
Bürgerliches Gesetzbuch - BGB -
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)
- 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.
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