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Land registry - succession in the land register

  • Bauen und Wohnen
  • Bauen und Immobilien 



    	    

		    
Procedure

            			
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)

 or   


  • 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.

			
Legal bases
			
More information
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 entered.
  2. 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, since this information does not result from the land register!