Community of heirs: When several people inherit a property
If you inherit a property not on your own but jointly with siblings, stepchildren or other relatives, you form a community of heirs. This means that every decision relating to the property must be taken jointly. Unlike in the case of sole inheritance, where a single person is free to make decisions, consensus is required here – which often leads to conflicts.
Challenges within the community of heirs
- Several parties: The more co-heirs there are, the more difficult and time-consuming the coordination processes become.
- Geographical distance: If the heirs live in different towns or countries, communication becomes even more complicated.
- Unanimity on fundamental decisions: If the property is to be sold, the owners’ association must give its unanimous consent. This often makes it difficult to reach a quick solution.
Rights and obligations within the community of heirs
Unanimity is required for major decisions, such as the sale of a property. For day-to-day management decisions, such as minor repairs or maintenance work, a majority decision is sufficient. In urgent cases (e.g. a leaking roof), any co-heir may act independently to prevent further damage. Rental income is allocated to the respective heirs in proportion to their shares of the inheritance.
Division of the estate amongst the heirs
The community of heirs continues to exist until it is fully dissolved. This can be achieved by dividing the estate amongst the heirs. To ensure a fair distribution, the value of the property should be determined by an independent valuer. Online calculators serve, at best, as a rough guide and are not suitable as a basis for binding agreements or contracts.
If the community of heirs ceases to exist when an heir withdraws or dies, the remaining co-heir may become the sole heir.
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Robert Schüßler
Property valuer (EIA and IHK)
