Inheritance community: What you need to know about inheriting real estate

If a deceased person leaves behind multiple heirs, they form a community of heirs. Disputes often arise among the heirs regarding the fair division of the inheritance. These differences frequently lead to financial losses, for example, if a forced auction occurs, which should ideally be avoided. Read on to learn what you should consider when dealing with a community of heirs.

Who inherits is determined either by statutory succession or by a will. The probate court usually determines the order of succession. If the testator settles their estate early, disputes among the heirs can be reduced. The testator can specify who inherits which rights and assets and what, if anything, needs to be done to receive them. This is documented in the will. A distinction is made between three legal categories: the appointment of an heir, a legacy, and a condition. Furthermore, testators can appoint an executor to ensure that their last wishes are carried out.

The certificate of inheritance

To claim their inheritance, heirs often need a certificate of inheritance. This is issued by the probate court. It certifies that a person is an heir and specifies the share to which that heir is entitled. Two types of certificates of inheritance can be issued for a community of heirs. The joint certificate of inheritance lists the names of all heirs and their respective shares of the inheritance as quotas. All heirs must apply for this certificate together. Alternatively, each heir can apply for a partial certificate of inheritance, which relates solely to their individual status as an heir.

A certificate of inheritance does not make anyone an heir

Attention! If, after the issuance of a certificate of inheritance, it turns out to be factually incorrect, the probate court will revoke it. However, those who relied on the accuracy of the certificate are protected. For legal transactions with them, the content of the certificate remains valid. They can therefore legally acquire ownership of the estate from the supposed heir. However, it is advisable to seek legal advice in such cases.

Reject inheritance

In cases of uncertain inheritance circumstances, for example, if there is reason to believe the deceased will leave behind debts, the inheritance can be disclaimed. This also applies to an heir in a community of heirs. If this heir is entitled to a compulsory share, they will still receive their claim to this share. This is a monetary claim against the estate, the amount of which corresponds to half of the statutory share of the inheritance. Anyone wishing to disclaim an inheritance must notify the probate court in writing within six weeks of becoming aware of their inheritance.

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Notes

For the sake of readability, this text uses the generic masculine form. Female and other gender identities are explicitly included where relevant to the statement.

Legal notice: This article does not constitute tax or legal advice for any specific case. Please consult a lawyer and/or tax advisor to clarify the facts of your individual situation.

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