Grundbuch; Beantragung einer Grundbuchberichtigung nach einem Erbfall

The land register offices should work towards the correction of the land register after the death of a registered owner becomes known. The land register is corrected at the request of an heir, if execution of the will has been ordered, at the request of the executor of the will. In the case of communities of heirs, the application of a co-heir is sufficient.

To correct the land register due to an inheritance, you need one of the following documents to prove the succession to be entered by the land registry:

• Certificate of inheritance,
• European Certificate of Succession,
• a notarized will or a contract of inheritance with the opening transcript of the probate court.

These documents will be sent to the heirs upon request by the competent probate court. Further information can be obtained from the probate departments of the local courts. If the competent probate court and the land registry belong to the same district court, reference can be made to the probate files.

According to No. 14110 KV GNotKG (Schedule of Costs of the German Court and Notary Costs Act), the transfer of ownership to the heir is free of charge if the application for registration is submitted by the heir to the land registry within two years of the inheritance.

In the case of a majority of heirs, a community of heirs is created by law upon the occurrence of the succession. Therefore, if an application for registration is submitted to the land registry before the community of heirs is settled, all co-heirs are entered in the land register as owners in the community of heirs. The one-off exemption from fees would then be used up. If, contrary to this, the heirs wish to have individual heirs or co-heirs entered, a prior notarized settlement of the community of heirs is required.

If the application is submitted to the land registry after this two-year period has expired, a full fee is charged in accordance with the GNotKG.