Inheriting a property is generally a positive thing. However, inheritance also brings with it many emotions and legal issues. Especially when several surviving dependants inherit a property and then form a community of heirs in accordance with Section 2023 (1) of the German Civil Code.
Johanna Stritt, branch manager at VON POLL IMMOBILIEN Freiburg, explains: "When several heirs jointly manage an inherited property, a so-called community of heirs is created. This can occur, for example, if there is no sole heir, through intestate succession or a testamentary disposition or contract of inheritance in which the testator has designated several heirs." In a community of heirs, each heir has an inheritance quota that determines the size of the individual inheritance share.
If a community of heirs comes into being, it must fulfill certain obligations. These include the correction of the land register, the assumption of rental agreements - if the property is rented out - administrative obligations, the obligation to provide information to co-heirs and the payment of estate liabilities such as inheritance tax.
The correction of the land register can only be avoided if the community of heirs unanimously decides to sell the property immediately after the inheritance, after receiving the certificate of inheritance. If the property is sold, the proceeds are divided among the co-heirs according to the testamentary disposition or order of succession. The advantages are obvious: the co-heirs can use the proceeds of the sale immediately for their own purposes, the inheritance process is completed quickly and there are no ongoing costs for the co-heirs.
"The sale of an inherited property is always a very emotional matter, we accompany you with patience and sensitivity, hold discussions with all heirs and take care of all the necessary steps involved in the sale: from the market price assessment, to marketing and up to the notary appointment, so that the process is as pleasant as possible for everyone involved," Johanna Stritt continues.