Detailed description
In the event of an inheritance, ownership of a property automatically passes to the heir or heirs. Acceptance of the inheritance does not have to be explicitly declared or a certificate of inheritance applied for. This means that the land register becomes incorrect upon the death of the owner and must be corrected.
Since the accuracy of the land register as an official register is in the public interest, the heirs are obliged to apply to the land registry office for the correction of the land register and to obtain all documents to prove the succession. If this obligation is not fulfilled voluntarily, the land registry office can also enforce it by imposing a penalty.
If a community of heirs becomes the owner of the property, each of the co-heirs can apply for a correction in the land register. In principle, all members of the community of heirs will then be entered in the land register.
Eligible to apply are:
- The sole heir
- One or more co-heirs of a community of heirs
- The executor, if execution of the will has been ordered in a will or inheritance contract.