Support in the division of estates
Where a deceased person leaves several heirs, they form a community of heirs. Until the estate is divided, they must act jointly, which frequently leads to tension. We support you in the administration and division of the estate, with the aim of reaching a workable solution.
The key points at a glance
The community of heirs
Several heirs acquire the estate as a joint ownership community. No heir can dispose of individual items of the estate alone. The estate is administered jointly, although majority decisions are possible for measures of proper administration. Each heir may, however, dispose of their share in the estate as a whole by notarial deed.
Right to division
Each co-heir may in principle demand division at any time (§ 2042 BGB), unless the deceased excluded it. The estate’s liabilities must be settled first. The surplus is distributed in proportion to the shares of the inheritance. Partition orders made by the deceased must be observed.
Equalisation of lifetime gifts
Where descendants received certain gifts during the deceased’s lifetime, these may have to be taken into account when the estate is divided. Whether and to what extent this applies depends on the nature of the gift and the deceased’s instructions.
Options where no agreement is reached
If no agreement can be reached, options include conciliation, mediation or an action for partition of the estate. Where real estate is involved, any co-heir may apply for a partition auction, which is often economically disadvantageous.
How we proceed
We obtain an overview of the line of succession, the assets and the liabilities of the estate and clarify any outstanding questions of disclosure.
On this basis, we prepare a plan for division that takes account of equalisation obligations and your interests, and negotiate with the other co-heirs.
We support the implementation of the agreement in a partition agreement. If no agreement is possible, we represent you in court proceedings.
Frequently asked questions
Can a co-heir block the division of the estate?
A co-heir can delay it, but cannot prevent it permanently. Each co-heir can in principle demand division and, if necessary, enforce it through the courts. Where real estate is involved, a partition auction is also possible.
Can I sell my share of the inheritance?
Yes, a co-heir can transfer their share in the estate by notarial contract. If the share is sold to a third party, the other co-heirs have a statutory right of pre-emption.
Your contact
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich