Do we need a certificate of inheritance to update the land register?

As at: June 2026 · ← back to the guide

The answer first. To correct the land register after a death, you need proof of who has inherited. If a notarial will exists together with the probate court’s opening record, this is often enough for the land registry — an additional certificate of inheritance is then frequently unnecessary. With a handwritten will, or with no will, a certificate of inheritance is usually needed.

The certificate of inheritance is an official document from the probate court that names the heirs and their shares. It serves as proof to banks, authorities and the land registry when it comes to dealing with the estate. It is applied for at the probate court; as a rule, a statutory declaration must be given.

It is not mandatory in every case — but where no other clear proof exists, it is the usual way to establish the status of heir.

If a notarial (public) will exists, the land registry often accepts this, together with the opening record, as proof. A certificate of inheritance is then often unnecessary. With a private, handwritten will this is generally not enough — here a certificate of inheritance is usually required. Where there is no will and statutory succession applies, the certificate of inheritance is customarily the route as well.

Whether a certificate of inheritance is required in your case is determined bindingly by the notary or the land registry — this enquiry is worthwhile before applying, since a certificate of inheritance entails cost and time.

After a death, the land register at first still names the deceased as owner. It must be corrected so that the heirs — where there are several, the community of heirs — are entered. If the correction is applied for within two years of the death, it is generally exempt from the land-registry fees; after that, fees may arise.

The details and the documents needed are clarified by the land registry or the notary. A prompt correction creates clarity, but is rarely so urgent that it should overtake the family agreement. For the application, proof of succession and the necessary personal-status data are generally enough; the notary can set the correction in motion for you. The land register thus stays reliable, and later steps — such as a sale — rest on a clean basis.

It is not only the land register that asks for proof — banks too want to know who may act. Many accept a notarial will with the opening record; otherwise they require a certificate of inheritance. A power of attorney granted during one’s lifetime that remains valid beyond death can ease dealings with banks without a certificate of inheritance being needed at once.

Whether such a power of attorney exists and is sufficient is something you clarify with the bank or the notary. It is worth doing early — the running costs of the house, after all, still need to be paid.

The cost of a certificate of inheritance depends on the value of the estate; it arises for the issuing by the probate court and for the statutory declaration. With larger estates this can be noticeable. Especially with a valuable family home, a short call to the notary is therefore worthwhile before you commission anything; it often spares an unnecessary application.

For a community of heirs, a joint certificate of inheritance is generally enough, naming all the heirs with their shares; even a single co-heir can apply for it on behalf of all. That saves trips and costs compared with several separate applications, and the certificate takes effect for the whole community. Which documents the probate court needs for it is something the notary discusses with you — so you avoid unnecessary follow-up requests and delays.

Where several inherit together, they are entered “in a community of heirs”. The house is not thereby broken into physical parts — it remains a whole that belongs to everyone jointly. To sell or encumber it, all the co-heirs must take part.

The land-register entry thus reflects exactly the situation that makes joint decision-making necessary. Whoever ensures a workable agreement early here spares themselves blockages later.

This article provides orientation and does not replace legal or tax advice; in your individual case, those entitled to give it — a lawyer, notary or tax adviser — will clarify it.