Wegweiser Inheritance & Estates · When someone has died Deutsch

👥 Community of heirs: inheriting together and dividing the estate

Several heirs manage the estate together. As a rule, each can demand that it be divided.

community of heirs co-heirs partition administration division of the estate partition auction

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

  1. Take stock togetherList assets and debts.
  2. Agree on administrationWho looks after the house, accounts, contracts?
  3. Discuss the divisionDistribute, sell or equalise items.
  4. Get help in a disputeNotary, lawyer or mediation.

Deadlines

at any time
Each co-heir can demand partition, with exceptions§ 2042 Abs. 1 BGB
after 1 year
Demanding distribution of the annual net proceeds if the partition takes longer§ 2038 Abs. 2 BGB
Watch out – common mistakes
  • 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.

Who is responsible
  • Notary
  • Specialist lawyer for inheritance law (Fachanwältin or Fachanwalt für Erbrecht)
  • Probate court (certificate of inheritance)
  • Verbraucherzentrale (guide on communities of heirs, book)
Further reading
Bank account, property and digital estateEstate debts and limiting liability

Quick questions

Worum geht es bei „Community of heirs: inheriting together and dividing the estate“?
Several heirs manage the estate together. As a rule, each can demand that it be divided.
Which deadlines and figures matter?
  • at any time: Each co-heir can demand partition, with exceptions (§ 2042 Abs. 1 BGB)
  • after 1 year: Demanding distribution of the annual net proceeds if the partition takes longer (§ 2038 Abs. 2 BGB)
What should I do first?
  • Take stock together: List assets and debts.
  • Agree on administration: Who looks after the house, accounts, contracts?
  • Discuss the division: Distribute, sell or equalise items.
What do I need to watch out for?
  • 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.
Evidence
  • Gesetze im Internet, BGB § 2038, retrieved 20 September 2026
  • Gesetze im Internet, BGB § 2042, retrieved 20 September 2026
  • Verbraucherzentrale, guide "Erbengemeinschaft" (book title), retrieved 20 September 2026
As of

September 2026 · Sources and method

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