Community of heirs: prepare the property sale together

01An inheritance share and a joint sale are different options

Under § 2033 BGB, a co-heir may transfer their share of the entire estate through a notarised contract. This does not permit them to sell a share of an individual estate asset on their own. If the inheritance share is sold to a third party, § 2034 BGB gives the other co-heirs a right of first refusal with a two-month exercise period. Settlement of the estate under § 2042 BGB is another option, subject to statutory restrictions. Ask a notary or a suitable legal adviser which route fits your circumstances.

§ 2033 BGB · § 2034 BGB · § 2042 BGB

02Partition auction: Questions before a step in the process

If the heirs cannot agree, they may consider a partition auction. Section 180 ZVG sets out special rules for an auction intended to dissolve shared ownership. An online checklist cannot establish whether an application would be admissible or sensible in your case. First check the people involved, evidence of ownership and inheritance, existing rights and the current procedural position.

Distinguish between the desired sales price, a valuation basis and possible auction proceeds. None of these amounts guarantee the payout that will be available later. Additionally, note down existing burdens, costs and questions about distribution. Neither a single online estimate nor the claim that every case results in a sale below market value is a reliable basis for making a decision.

Before taking a procedural step, prepare a list of questions for legal advice. Which alternatives have been discussed? What remains disputed? Which documents are missing? Which deadlines or documents already served need attention? This page neither sets deadlines for your case nor starts proceedings. Bring the full legal documentation and have the available options assessed.

03Record participants and representatives first

Make a working list of the people involved and the available evidence of inheritance. Arrange the will, inheritance certificate and other evidence so the notary can examine the situation. Record who collects documents and who only passes on information. An organisational contact person is not automatically entitled to sign alone for everyone. Powers of attorney, minors or execution of a will require specific professional assessment.

04Don't equate administration and sales

§ 2038 BGB describes joint estate administration and distinguishes, among other things, necessary conservation measures. § 2040 BGB provides for joint action for the disposal of an estate item. This does not result in a blanket solution for every conflict. You should therefore separate the urgent securing of the building from the planned sale. Have the individual case examined before you derive authority to sell from a vote on administration.

05Create a common basis for valuation

Collect the location, areas, condition, use and existing burdens. Agree on the basis on which a value will be discussed: an indicative online valuation, an asking price and a technical report are different things. Record the assessment date and purpose. If there are significant differences of opinion, a jointly selected, suitable specialist can help. However, a single number does not resolve issues of representation, taxation, or distribution.

06Structure the sales process in writing

As a work plan, you can record responsibility for documents, selection of a specialist, cost planning and feedback dates. Discuss how offers will be made available to everyone involved and questions will be collected. A joint decision should not be preempted by an inappropriate sales promise that has already been published. Present the specific draft contract to the notary's office. This organizational checklist is not a power of attorney and does not replace a legally required resolution or contract.

07Clarify costs and tax issues before paying out

Keep a clear record of property-related income, ongoing costs and selling expenses. Obtain professional clarification of existing obligations and the eventual settlement before distributing proceeds prematurely. An inherited property is not automatically unproblematic for tax purposes simply because the inheritance occurred recently. Our linked tax overview lists documents for an individual assessment; it does not calculate inheritance or income tax.

08If there is disagreement, first clarify the point of dispute

Distinguish disputes over value, timing, use, cost, or representation. Compile proven facts and personal wishes separately. A moderated conversation can help organizationally; you must clarify the binding legal options and their risks professionally. This page does not recommend partition auctioning as a default option and does not assess whether it would be permissible or useful in a specific case.