Information - Grundbuch; Beantragung einer Grundbuchberichtigung nach einem Erbfall - Dienstleistungsportal Bayern

Description

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

Prerequisites

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

• Certificate of inheritance,
• European certificate of inheritance,
• notarial will or a contract of inheritance with the opening record of the probate court.

These documents will be sent to the heirs upon request by the competent probate court. The probate departments of the local courts can provide more detailed information. If the responsible probate court and the land registry belong to the same local court, reference can be made to the probate files.

Forms

• Form, Bavaria-wide: Antrag auf Grundbuchberichtigung im Grundbuch - Eintragung der Erbfolge

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Fees

• According to No. 14110 KV GNotKG (List of Costs of the Law on Courts and Notaries), 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 succession.

  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 filed with the Land Registry before the community of heirs is divided, all co-heirs will be entered in the Land Registry as owners in the community of heirs. The one-time exemption from fees would thus be exhausted. If, in deviation from this, the heirs wish to register individual heirs or co-heirs, a prior notarial settlement of the community of heirs is required.

  If the application is submitted to the land registry after the expiry of this two-year period, a full fee is payable in accordance with the GNotKG.

Legal bases

• § 13, 29 Grundbuchordnung (GBO)
• Gesetz über Kosten der freiwilligen Gerichtsbarkeit für Gerichte und Notare (Gerichts- und Notarkostengesetz - GNotKG) - Kostenverzeichnis