Anyone accepting an inheritance of real estate must have the land register updated. The land register file is maintained by the responsible office, usually the local court. The land register records the ownership of a property (and any buildings erected on it). It also includes encumbrances such as mortgages or land charges.
To have the inheritance corrected, you, as the heir, must submit a written application: As the new owner, you replace the deceased. The certificate of inheritance serves as proof that you are legally stepping into their shoes. This document establishes the line of succession and thus the legality of your new ownership.
To obtain a certificate of inheritance, you must contact your local probate court. Along with your application, you must also provide evidence confirming the accuracy of the information you have provided to the probate court. This will require you to submit various documents, such as the death certificate, proof of the deceased's residence and nationality, and possibly evidence that there are no legal disputes concerning the inheritance, etc.
If these documents are unavailable or difficult to obtain, you, as an heir, can alternatively submit a sworn affidavit to the court or a notary. A separate fee will be charged for this.
A fee is also charged for issuing the certificate of inheritance, which is based on the value of the estate. For example, if the estate is worth €100,000, the fee is €546.
If the inheritance order is clearly defined in an inheritance contract or will, these documents may suffice. In that case, a certificate of inheritance is not required, saving you the associated costs. A staff member at the probate court can advise you whether these documents are sufficient.
No notary is required for this land register correction, unlike real estate sales and other transactions involving real estate. However, the transfer must be completed no later than two years after the death of the deceased. If you submit the application later, the registry office will charge an additional fee.
Do you have any further questions about the land register? We would be happy to advise you.
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