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Inheritance Law · Community of Heirs

Community of Heirs: Resolve Conflicts, Find Solutions

When several persons inherit together, a community of heirs is created. This sounds simpler than it is: all decisions about the estate must generally be made jointly. Different interests, old family conflicts and emotional burdens often make agreement difficult.

I help you find a fair and sustainable solution, through negotiation, mediation or, if necessary, through consistent legal enforcement of your rights.

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Typical issues in communities of heirs

  • Settlement of the community of heirs
  • Inherited property, what to do?
  • Regulate sale or buyout
  • Blocking within the community of heirs
  • Avoid forced auction

Conflict Resolution

I mediate between heirs and find mutually agreeable solutions: out of court and in court.

Value Preservation

I protect the value of the estate and prevent unnecessary losses from disputes or blockades.

Enforcement

I consistently enforce your rights in the community of heirs: clearly, structured, and goal-oriented.

When is legal help advisable?

A co-heir is blocking all decisions

In a community of heirs, many decisions require unanimity. A single co-heir can thereby paralyse everything. I ensure your rights are preserved.

Real estate is part of the estate

Inherited properties are often the biggest point of dispute. I help find fair solutions: whether sale, buyout or physical division.

The estate is not being properly administered

If co-heirs act unilaterally or endanger assets, you can initiate legal steps. I advise you on this.

You want to sell your inheritance share

You may sell your inheritance share to third parties. However, other co-heirs have a right of first refusal. I guide you through this process.

How does the consultation work?

1

Situation analysis

I analyse the constellation of the community of heirs, the estate composition and existing conflicts.

2

Outline options

I explain all legal possibilities to you, from out-of-court settlement to partition action.

3

Negotiation or litigation

I always first try to reach an agreement. If this fails, I consistently pursue litigation.

4

Conclusion & implementation

After reaching an agreement, I ensure notarially secured implementation, so the result is legally sound.

The inherited property: the most common source of conflict

A sale requires every single co-heir

Under section 2040 of the German Civil Code, co-heirs can only dispose of an estate asset jointly. A sale therefore needs every signature without exception; a majority is not enough. This is why a single co-heir can bring an entire community to a standstill.

Day-to-day administration is different. Necessary repairs, extending a tenancy or instructing a property manager count as proper administration and can be decided by a majority of shares under section 2038(2) together with section 745.

Four ways out

A partition agreement is the clean route: everyone agrees who gets what, notarised where property is involved. Abschichtung removes one co-heir against compensation while the others' shares grow accordingly.

Selling your share under section 2033(1) works without the others' consent, subject to their two-month right of pre-emption under section 2034. A partition auction under sections 180 et seq. of the Forced Sale Act is the last resort and usually costs value, which makes it better leverage than an exit route.

Typical mistakes in communities of heirs

  • Waiting too long for an agreement and thereby endangering assets
  • Unilaterally disposing of estate items (can trigger damages claims)
  • Not taking forced auction seriously, it often leads to significant loss in value
  • Relying on an informal agreement between heirs instead of a notarial contract
  • Not asserting claims for use compensation

More in our guide

Attorney Christian Kopitzsch, inheritance law Berlin

Reviewed by attorney Christian Kopitzsch

Attorney for inheritance law in Berlin, over 18 years of experience.

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Frequently asked questions about communities of heirs

What is a community of heirs?

If the deceased leaves several heirs, the estate automatically becomes the joint property of all of them (section 2032 German Civil Code). Nobody owns individual items alone, everyone owns everything together. That is why no co-heir may unilaterally sell the car or clear the apartment: individual estate items can only be disposed of jointly (section 2033(2)).

Can I sell my share of the inheritance?

Yes. You may dispose of your share in the estate as a whole on your own, which requires notarial certification (section 2033(1) German Civil Code). If you sell to a third party, however, your co-heirs have a right of first refusal and can step in on the same terms within two months (section 2034).

How is a community of heirs dissolved?

Through partition: the estate is liquidated or distributed and the community ends. In principle every co-heir can demand this at any time (section 2042 German Civil Code). In practice it usually happens through a notarial partition agreement in which all parties agree on the distribution.

What happens if the heirs cannot agree?

Where a property is involved, a partition auction remains the last resort (section 180 of the German Forced Sale Act). Any co-heir can apply for it, even against the others' wishes. It often produces significantly lower proceeds than a private sale, which is why it tends to be leverage rather than a goal.

Are all heirs liable for the debts?

Yes. Co-heirs are jointly and severally liable for estate liabilities (section 2058 German Civil Code). A creditor may therefore single out one heir and demand the full amount from them. Internally, that heir can then seek compensation from the others.

Who decides about the inherited property?

Administration is a matter for the co-heirs jointly (section 2038 German Civil Code). Measures of proper administration, such as a necessary repair, can be decided by majority, with the majority determined by the size of the shares. Anything urgently required to preserve the estate may be arranged by any co-heir alone.

Clear solution for your community of heirs.

I advise you personally and purposefully, and find the right way out of the deadlock.

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