A community of heirs is often a forced community: several heirs jointly own the estate and can only decide together. Anyone wanting to avoid lasting disputes or a costly partition auction has an elegant option, selling their own share of the estate.
What does "selling your share" mean?
You do not sell individual estate items but your entire share in the community of heirs, with all rights and obligations. The buyer takes your place in the community. You are out and receive the purchase price.
You do not need the co-heirs' consent
You can generally decide to sell your share on your own, the other co-heirs do not have to agree. This makes the sale an effective way out when the community is blocked.
⚠️ The sale of an estate share must be notarised. The co-heirs also have a statutory right of first refusal: they can buy on the same terms within two months.
Sell the share or partition auction?
Both routes lead out of the community. Selling the share brings money quickly without a lengthy procedure, though often at a discount, as the buyer takes on the risk of the division. The partition auction targets a specific property, takes longer and often also achieves below-market values.
Dispute over an estate property? Compare the partition auction and get advice on the community of heirs.
Frequently asked questions
Do I need my co-heirs' consent?
No. Under § 2033 para. 1 BGB you may dispose of your share in the estate freely. The co-heirs do have a right of pre-emption under § 2034 BGB and may step into the contract within two months of being notified.
Can I sell just my share in the inherited flat?
No. § 2033 para. 2 BGB excludes disposing of a share in individual estate assets. You can only sell your entire participation in the community of heirs.
Does the sale require a notary?
Yes. A contract over a share in an estate must be notarised, regardless of whether the estate contains real property. Without notarisation the contract is void.
Am I still liable for estate debts afterwards?
Towards estate creditors, yes. Under § 2382 BGB the seller remains liable alongside the buyer, which is why an express indemnity clause belongs in the contract.