A pro forma registration of title means clarification of the ownership of the real estate or an unseparated parcel or designated share of a property in the public title and mortgage register. For instance, all the parties of undistributed death estate will be described more detailed. For example, instead of the estate of Matti Meikäläinen, the right holders of the estate are listed in the pro forma registration by name. On the other hand, the pro forma registration is granted jointly and together to all members of the estate. This is because, before the inheritance is distributed, no party has any registration of title in his share in the property belonging to the estate. It is therefore not possible to divide the ownership of the property by a pro forma registration, for example, between five parties of the estate, but the estate will still be the owner.
The pro forma registration is voluntary
There is no statutory obligation to apply for a pro forma registration. In other words, for example, the heirs are not required to apply for a pro forma registration, despite the fact that the ownership of the property / real estate is undivided. So obtaining a pro forma registration is a right of a property owner, but not a duty. The pro forma registration must therefore be kept separate from the mandatory application of registration of title. Obligatory duty for registration of title only starts from the date the division of property is non-appealable.
The pro forma registration clarifies the ownership of the property and makes everyday life easier
On the one hand, a pro forma registration may be appropriate for the estate, if it is assumed that the distribution of inheritance will be slow. The pro forma registration will benefit, for example, in the mortgaging and pledging of immovable property. Banks may even require a pro forma registration to grant loans, thus saving the burden of studying the inventory deed and detailed extract from the population register. On the other hand, because of pro forma registration the buyer of a property of an undivided estate does not have to check the inventory deed, but he can rely on the National Land Survey has examined the right holders of the estate sufficiently. However, it is not possible to trace the former owners of the property that way, but only to take a look at the prevailing ownership.
A shareholder of an undivided estate can now apply for a pro forma registration
A party of the estate can nowadays apply for a pro forma registration from the National Land Survey of Finland also alone that is without the contribution of other parties. In previous practice all the parties had to sign the application together.
When the ownership of a property actually changes, the registration of title replaces the pro forma registration. For example, in a situation where the inheritance is finally distributed and the real estate has been given as a whole to one party, the registration of title will be compulsory.