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Inherited a House – What Now? Options, Duties & Deadlines

An inherited house presents heirs with major decisions. Move in, rent or sell? We explain all options, tax aspects and what you need to do first.

Christian Kopitzsch

Christian Kopitzsch

Attorney at Law · Inheritance Law

7 min
Inherited a House – What Now? Options, Duties & Deadlines

Inherited real estate – what happens first?

Upon the death of the deceased, ownership of the property automatically passes to the heirs – without any separate transfer act. However, the land register must be corrected. As an heir, you are obliged to apply for this correction. The good news: within two years of the inheritance, the correction is free of charge.

⚠️ Without land register correction, you cannot sell or mortgage the house. Apply for the correction as early as possible!

What options do you have with the inherited house?

  • Move in yourself – may be inheritance tax-free if used as primary residence
  • Rent out – rental income is subject to income tax
  • Sell – possible speculation tax if less than 10 years between acquisition and sale

What must you do immediately?

  • Obtain a certificate of inheritance (or provide notarial will with opening protocol)
  • Apply for land register correction – free within 2 years
  • Review ongoing contracts (utilities, insurance, tenancy agreements)
  • Enquire about mortgages and debts at the land registry
  • Submit inheritance tax return within the deadline (3 months after knowledge)

Inheritance tax on real estate

Spouse: €500,000 | Children: €400,000 | Grandchildren: €200,000 | Siblings/others: €20,000

If the property value exceeds the tax-free allowance, inheritance tax of 7–50% applies depending on the tax class. The owner-occupied family home may be completely tax-exempt under certain conditions.

Do you have a specific case?

No guide replaces individual legal advice. I advise you personally – nationwide and discreetly.

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