Certificate of inheritance and land register before selling a property

Article L-0077 · 29.09.2026 · 7 min. reading time · Joé Christian Ewrard

Which document serves which purpose?

The death certificate provides proof of death. However, it does not prove who has become the heir. Depending on the circumstances, this requires a certificate of inheritance, a European Certificate of Succession or a notarised disposition upon death together with the court record of its opening.

A certificate of inheritance confirms who the heir is and what share of the estate that person holds. It does not itself make the heir the owner. Ownership transfers upon death. However, the certificate of inheritance provides the proof that the land registry, the notary or other parties may require.

Updating the land register ensures that the heirs are also recorded in the land register as owners. By contrast, a certificate of executorship proves that an appointed executor is authorised to act. It does not automatically mean that every sale falls within the scope of the executor’s duties.

For the initial review, the death certificate, all wills and inheritance contracts, the record of opening issued by the probate court and a current extract from the land register should therefore be considered together. If there are several heirs, powers of attorney, legacies or an executorship, the relevant documents are also required. This review often reveals which document is still missing.

When is a certificate of inheritance required?

If there is neither a will nor an inheritance contract, intestate succession must be proven. For a property, this is usually done with a certificate of inheritance. The same often applies to a handwritten will because it is not a public deed.

The situation may be different with a notarised will or a notarised inheritance contract. If the heirs are clearly identified in it, the disposition and the court record of opening may be sufficient as proof. Nevertheless, the land registry may require a certificate of inheritance if the line of succession is not sufficiently clear from the documents. This complies with the [Federal Ministry of Justice’s provisions on Section 35 of the Land Register Code](https://www.gesetze-im-internet.de/gbo/__35.html).

Unclear wording can cause common difficulties. “My son is to receive the house” may, depending on the overall content, constitute the appointment of an heir, a legacy or an instruction for the division of the estate. A later handwritten will may also have amended an earlier notarised arrangement. Such matters should be clarified with the notary or a specialist lawyer in inheritance law before marketing begins.

The certificate of inheritance is applied for at the competent probate court. As a rule, jurisdiction is determined by the deceased’s last habitual residence. A notary can also prepare the application. The declarations and supporting documents required depend on the family circumstances and the testamentary arrangements. The official [judicial service on certificates of inheritance](https://service.justiz.de/erbschein) explains the procedure and expressly notes that a notarised will or an inheritance contract often makes a certificate of inheritance unnecessary.

Does the land register need to be updated before the sale?

After the death, the deceased initially remains recorded in the land register. Legally, the property already belongs to the heirs, but the land register has become inaccurate. Updating the land register provides a clear record of the new legal position.

The correction is particularly useful if the sale is not yet being actively prepared, if individual heirs take over the property, or if encumbrances, rights of use or the distribution of the estate among the heirs must first be clarified. It establishes a clear chain of ownership and can reduce queries from banks and prospective buyers.

If the application is submitted within the statutory two-year period following the inheritance, no land register fee is generally payable solely for registering the heirs as owners. Other costs, such as those for a required certificate of inheritance or notarised declarations, may nevertheless arise. The specific costs should be reviewed by the land registry or the notary. The fee provisions can be found in the [German Court and Notary Costs Act](https://www.gesetze-im-internet.de/gnotkg/anlage_1.html).

A correction of the land register should not be confused with the deletion of old encumbrances. Land charges, rights of residence, usufruct rights or claims for retransfer do not cease to exist upon inheritance. Separate evidence and declarations are required for their deletion or settlement.

Can the inherited property be sold directly?

Under certain conditions, a sale can be completed without first registering the heirs as owners. The German Land Register Code provides an exception to the usual requirement of prior registration for transfers by heirs. The buyer can then be registered directly as the new owner. The legal basis is [Section 40 of the German Land Register Code](https://www.gesetze-im-internet.de/gbo/__40.html).

However, this does not mean that a sale can take place without proof of inheritance. The notary and the land registry must still be able to determine who the heirs are and who is authorised to sign the purchase agreement validly. Only the intermediate step of first registering the heirs in the land register is omitted.

The officiating notary will determine whether this approach is appropriate in each individual case. Unclear inheritance shares, an executor, minors, successive inheritance or unresolved rights recorded in the land register may require additional documents and approvals.

In practice, arranging an early appointment with the notary to review the documents is often more helpful than starting the marketing process prematurely. Prospective buyers become uncertain if, after an agreement has been reached, it emerges that proof of inheritance is missing. This can delay financing and give the buyer the impression that the sale has not yet been agreed within the family.

Who makes decisions in a community of heirs?

Multiple heirs form a community of heirs. They own the property jointly. No co-heir can dispose independently of a purported personal share in the house. As a general rule, all co-heirs authorised to dispose of the property must participate in the sale or be validly represented.

A co-heir may dispose of their share in the entire estate. However, this is different from selling a share in an individual property belonging to the estate and requires notarisation. This distinction is governed by [Section 2033 of the German Civil Code](https://www.gesetze-im-internet.de/bgb/__2033.html).

The practical obstacle is therefore often not the certificate of inheritance, but reaching a joint decision. One heir wants to sell quickly, another wants to rent out the property, while a third has personal memories associated with the family home. There may also be concerns that the price could be too low or that expenses are being distributed unfairly within the family.

It is helpful to address the issues separately. First, it should be clarified who is legally entitled to participate in the decision. The condition, use, encumbrances and a transparent value range should then be discussed. Only afterwards should the family decide whether to sell, take over or rent out the property. An estate agent can help moderate questions concerning the market and the property. However, an estate agent cannot replace either inheritance law advice or a binding distribution of the estate by a notary or lawyer.

What changes when there is an executor?

If the deceased appointed an executor, the precise scope of the executor's duties must first be examined. If the property is subject to the executor's administration, the executor can generally dispose of it. The heirs cannot then sell it independently simply because they are named in the certificate of inheritance.

Proof is often provided by an executor's certificate issued by the probate court. In the case of an unambiguous notarised disposition upon death, this document and the probate opening record may also be sufficient under certain circumstances. Whether the specific sale falls within the scope of the administration of the estate is determined by the will, the certificate and the statutory limits.

In practice, it is therefore not enough merely to ask whether an executor exists. The decisive factors are which duties have been assigned to the executor, whether the executor's appointment is still in effect and whether individual estate assets are excluded. The [German Civil Code on the executor's power of disposal](https://www.gesetze-im-internet.de/bgb/__2205.html) provides the legal framework for this.

The executor coordinates the sale in the interests of the estate. The executor must make the decision on a sound and transparent basis and may not treat the property as their own assets. If there are doubts about the executor's powers or conflicts with the heirs, the matter should be reviewed by a notary or a specialist lawyer.

What applies in cases involving a gift, separation or an international connection?

In the case of a previous gift, the current status of the land register is the first decisive factor. If ownership has already been transferred, the registered new owner is generally responsible for the sale. However, rights of usufruct, rights of residence, rights of recovery or consent requirements are often registered. It must then be clarified whether the entitled person must consent and under what conditions the right will remain in effect or can be deleted.

In the event of separation and divorce, it is likewise not solely relevant who lives in the property or has paid the instalments. The decisive factors are ownership, the matrimonial property regime, registered rights and any agreements between the spouses. Even if an inherited property belongs to only one spouse, family-law or property-law issues may still arise. Advice on these matters should be sought from a notary, a lawyer and, where there are tax implications, a tax adviser.

An international connection is more common in the region served by PRIOCASA. Owners or heirs live in Luxemburg, while the house is located in the Eifelkreis Bitburg-Prüm, Trier, Trier-Saarburg or the Vulkaneifel. Foreign documents, powers of attorney and a European Certificate of Succession may then become relevant. The certificate can provide proof of the legal status of heirs in cross-border inheritance cases; which inheritance law applies and which form the German land registry requires must be professionally assessed on a case-by-case basis.

What sequence prevents delays?

The process begins not with the property brochure, but with the authority to dispose of the property. First, the land register extract, death certificate, wills, inheritance contracts and probate opening documents are gathered. It is then determined whether a certificate of inheritance, a European Certificate of Succession or an executor's certificate is required.

At the same time, all parties involved should be identified and contactable. In the case of a community of heirs, it should be clarified at an early stage whether there is agreement on the sale and who is responsible for viewings, documents and ongoing costs. If someone lives abroad, the notary should check in good time the form in which a power of attorney or approval can be used.

The rights recorded in the land register and the property-related documents are then reviewed. These include, in particular, existing land charges, rights of residence and usufruct, as well as any building encumbrances or undocumented alterations to the building. The sale can only be reliably prepared once it is clear what can be transferred and who will sign.

First, gather the current extract from the land register, the death certificate and all inheritance-related documents. Then have a notary or the probate court clarify what proof of inheritance is required and who is authorised to sign. On this basis, an estate agent with regional experience can assess the condition, marketing and next steps in the sale without pressuring your family into making a hasty decision.

Frequently Asked Questions

Do I always need a certificate of inheritance to sell a house?

No. A notarised will or an inheritance contract may be sufficient together with the court record confirming that it has been opened. If the order of succession is unclear or only a handwritten will exists, the land registry may require a certificate of inheritance.

Can I sell even though the deceased is still registered in the land register?

This may be possible because the German Land Register Code provides an exception for a direct sale by the heirs. The status of the heirs must nevertheless be established beyond doubt. The notary handling the transaction will determine whether the land register needs to be corrected beforehand or whether this would be advisable.

Can an individual co-heir appoint the estate agent?

Initial contact may be made. However, all co-heirs authorised to dispose of the property must participate in or be validly represented for a binding decision to sell and the notarised purchase agreement. The scope of an estate agency agreement should therefore be agreed with all parties involved.

Do the heirs or the executor sell the property?

This depends on the will and the scope of the executor's duties. If the property is subject to the executor's administration, the heirs generally cannot dispose of it on their own. The executor's certificate and the testamentary disposition should be reviewed before the sale begins.

What happens to a right of residence or usufruct when the property is sold?

Such rights do not automatically remain without consequences. They may affect the sale, the buyer's use of the property and the financing. The notary will determine from the land register and the underlying agreement whether the right remains in place or can be removed with the beneficiary's consent.

Topics: certificate of inheritance, correction of the land register, executor, property sale, community of heirs, inherited property, Eifel, Trier

Responsible for this post: Joé Christian Ewrard — Owner & Broker IHK, PRIOCASA Immobilien & Financial services. As of: 29.09.2026. The draft was created with the support of artificial intelligence and was reviewed and approved before publication (AI Transparency). This post does not replace legal or tax advice; for individual questions, please contact a notary, lawyer, or tax advisor.

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