Correcting the land register after a death: duty, period, costs

Checked on 05.11.2026

Translated from German. Where anything differs, the German text counts: Deutsche Fassung

The land register still shows the deceased's name. As long as it does, the house can be neither sold nor mortgaged. The correction is a duty, and for two years the entry costs no fee.

What generally applies

With the death, the land register is incorrect. From then on the heirs are the owners, even if it does not say so yet.
The correction is a duty. The land registry is to require the heirs to apply and to obtain the documents. It is to wait while there are legitimate reasons (§ 82 GBO).
Two years without a fee. No fee is charged for entering the heirs of the registered owner if the application reaches the land registry within two years of the death (no. 14110 of the schedule of fees of the GNotKG). After that it costs one full fee by the value of the land.

Which documents the land registry requires

The succession is proven by (§ 35(1) GBO):

a certificate of inheritance or a European Certificate of Succession, or
a notarial will or notarial inheritance contract, together with the record of its opening.

A handwritten will is not enough for the land registry; then the certificate is needed. More in Certificate of inheritance, bank, documents.

What is entered

With several heirs, all are entered, with the note "in community of heirs". The land register shows no shares in the house: the land belongs to everyone together. Only when the heirs divide, for example by one taking over the house, does a further entry follow, and that needs a notary.

What helps

Note the date of death and the date two years later. What counts is when the application reaches the land registry.
Do not wait for an agreement. Correcting the register to the community of heirs fixes nothing. Who gets the house stays open.
Obtain an extract from the land register. It also shows whether land charges are still registered.
One applies, everyone knows. Whoever does it records the date and file number.