👥 Community of heirs: inheriting together and dividing the estate
In brief
If several people inherit together, they form a community of heirs (Erbengemeinschaft). The estate belongs to them jointly.
The heirs manage the estate together. Each must cooperate in necessary measures. Each may take urgent preservation measures alone.
As a rule, each co-heir can demand at any time that the estate be divided. This can lead to disputes. A notary or mediation can help.
If the partition drags on for more than a year, each heir can demand distribution of the net proceeds annually.
Step by step
- Take stock togetherList assets and debts.
- Agree on administrationWho looks after the house, accounts, contracts?
- Discuss the divisionDistribute, sell or equalise items.
- Get help in a disputeNotary, lawyer or mediation.
Deadlines
- Co-heirs can dispose of estate items only jointly. Acting alone may be invalid.
- Co-heirs are liable for estate debts. The relationship among them is not covered here.
- Disputes increase costs and duration. Get advice early.
In depth · legal basis, figures and practice – for advisers and professionals
Administration
§ 2038 BGB: the administration of the estate is the joint responsibility of the heirs. Each co-heir is obliged towards the others to cooperate in measures required for proper administration; each co-heir can take measures necessary for preservation without the cooperation of the others. The fruits are divided only on partition. If the partition takes longer than a year, each co-heir can demand division of the net proceeds at the end of each year. §§ 743, 745, 746 and 748 BGB apply in addition.
Partition
§ 2042 Abs. 1 BGB: each co-heir can demand partition at any time, unless §§ 2043 to 2045 BGB provide otherwise. Under para. 2, § 749 Abs. 2, 3 and §§ 750 to 758 BGB apply.
Not checked
Partition auction of real estate, representation of co-heirs in court (§ 2039 BGB), equalisation among descendants and executorship.
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