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.

In order to enforce this obligation the land registry may initiate compulsory proceedings.

  • 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.

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

1 . 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 registered.

2 . a "transfer" made in a will of an individual object of the estate - e.g. a plot of land - 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 determined by the content of the partnership agreement.

If necessary, legal advice must be sought in this regard. The employees of the land registry are not authorised to give legal advice.

  • Grundbuchordnung
  • Bürgerliches Gesetzbuch - BGB -
  • KV GNotKG

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)

ATTENTION:
At present the Bremen Land Registry is closed to the public.

or

- in writing at the land registry. The required evidence must be enclosed in the appropriate form (see "Documents").

It is not possible to submit an application by telephone or e-mail.

After receipt of the land register correction application, the judicial officer checks the submitted documents and the content of the application for completeness and the required form.

If further evidence is required, the applicant will be notified and is obliged to provide 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 shall receive notification thereof.



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