What real estate heirs should know about the land register

Anyone accepting a real estate inheritance must have the land register corrected. The land register file is maintained by the competent office, usually the district court. The land register records the ownership of a plot of land (and any buildings erected on it). It also records encumbrances such as mortgages or land charges.

For the correction, you as the beneficiary of the estate must submit a written application: you replace the deceased as the new owner. The certificate of inheritance serves as proof that you are legally following in the deceased's "footsteps". This shows the succession and thus the legality that you are the new owner.

To obtain a certificate of inheritance, you must apply to your local probate court. At the same time, you have to prove the accuracy of your information to the probate court with the application. For this purpose, you must either submit various documents and certificates such as the death certificate, the place of residence and the nationality of the deceased and possibly prove that there is no legal dispute about the inheritance, etc.

If these documents are not available or are difficult to obtain, you can alternatively submit an affidavit as heir to the court or a notary. A separate fee will be charged for this.

A fee is also due for issuing the certificate of inheritance, which is based on the amount of the estate. If this amounts to 100,000 euros, for example, the fee is 546 euros.

If the succession is clear from a contract of inheritance or a will, these documents can also be sufficient. In this case, a certificate of inheritance is not necessary and you save these costs. An employee of the probate court will tell you whether these documents are sufficient.

No notary is required for this land register correction, as is the case, in contrast, with real estate sales and other activities involving a property. However, the transfer must take place no later than two years after the death of the testator. If you submit the application later, the office will charge an additional fee.

Do you still have questions about the land register? We will be happy to advise you.

Photo: ra2studio

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