What real estate heirs should know about the land register

Anyone who accepts a real estate inheritance must have the land register corrected. The land register file is maintained by the responsible office, usually the local court. The land register records the ownership structure of a property (and any buildings erected on it). It also records liens such as mortgages or land charges.

As the beneficiary of the estate, you must submit a written application for the correction: 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 therefore the legality of you being the new owner.

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

If these documents cannot be obtained or are difficult to obtain, you can alternatively make an affidavit to the court or a notary as an heir. A separate fee is charged for this.

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

If the succession is clear from an inheritance contract or will, these documents may also be sufficient. In this case, a certificate of inheritance is not necessary and you save yourself 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 with property sales and other activities involving a property. However, the transfer must take place no later than two years after the death of the deceased. 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.

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