1. What is a community of heirs?
An estate community arises automatically when several people become joint heirs, either through intestate succession or through a will (§ 2032 German Civil Code). In this context, the co-heirs do not each own a specific item, but rather a share of the entire estate. Decisions regarding the estate must therefore generally be made jointly.
2. As a co-heir, do I own a specific item from the estate?
No. In an estate, not every heir owns a specific item, but merely a share of the estate as separate assets.
3. Can the other co-heirs make decisions without me?
It depends on the type of decision. Measures of proper administration, such as necessary repairs or renting out the property, can be decided by a majority vote. However, for dispositions, all co-heirs must agree.
4. Who decides on the renovation or rental of an inherited property?
Routine administrative tasks, such as necessary repairs or renting out a house, can be decided by majority vote. Extraordinary measures, such as demolition or fundamental renovation, require the consent of all co-heirs.
5. What happens if the heirs cannot agree on the sale of a house?
If no agreement is reached, any co-heir can request a partition auction. This results in the property being sold at auction and the proceeds being distributed among the co-heirs. Often, however, the mere threat of a partition auction serves as leverage to achieve an amicable solution.
6. In an emergency, am I allowed to act without the consent of others?
Yes. In urgent cases, such as a burst pipe or storm damage, a co-heir may take measures to secure the estate on their own. The law refers to this as emergency administration.
7. Can I sell my inheritance?
Yes. Each co-heir can sell their share of the entire estate (§ 2033 German Civil Code). However, the sale must be notarized. The other co-heirs have a statutory right of first refusal according to § 2034 German Civil Code.
8. How can I withdraw from an inheritance community?
Withdrawal from the inheritance community before its division is possible through the sale of one's share or through a so-called "settlement agreement." In a settlement agreement, a co-heir relinquishes their membership in the community of heirs in exchange for a settlement payment.
9. As a co-heir, am I also liable with my private assets for the debts of the deceased?
In principle, co-heirs are also liable for estate debts with their personal assets. However, under certain conditions, this liability can be limited to the estate itself, for example through estate administration or estate insolvency proceedings.
10. What rights do I have as a co-heir?
Co-heirs have extensive rights of participation and administration. These include, among other things, the right to participate in decisions, the right to information about the estate, and the right to demand the dissolution of the community of heirs at any time.