What is a community of heirs?
A community of heirs arises automatically when multiple people inherit simultaneously. The entire estate belongs to all co-heirs jointly, no co-heir can independently dispose of individual estate assets. Every decision requires unanimous agreement.
Important: Even if you do not wish to be an heir, you automatically are one until you have formally and timely disclaimed the inheritance.
Rights of co-heirs
- Right to information: You can demand information about estate assets at any time
- Management right: Joint administration of the estate with all co-heirs
- Right to dissolution: Any co-heir can demand dissolution of the community at any time
- Share right: Your inheritance share is transferable, you can sell it to third parties
How is a community of heirs dissolved?
- By mutual agreement: All co-heirs agree on a settlement contract
- By court proceedings: Any co-heir can sue for dissolution
- Forced auction: For real estate without agreement, compulsory auction is possible, often below market value
⚠️ A forced auction almost always results in significant financial losses for all parties involved. Seek legal help early.
Frequently asked questions
Can the majority force a sale?
No. Disposing of an estate asset requires all co-heirs to act together under § 2040 BGB. Even a small share can block a sale.
How are votes counted?
For ordinary administration, by shares rather than by heads (§ 2038 para. 2 BGB together with § 745 BGB).
Can I simply leave the community of heirs?
Yes. You can demand partition under § 2042 BGB, be bought out by the other heirs, or sell your share under § 2033 BGB, subject to their right of pre-emption.