Community of heirs

A community of heirs is a majority of persons who have become heirs either by intestate succession or by voluntary succession (will).

• A community of heirs is a so-called community of joint heirs. This means that all co-heirs are jointly entitled to the entire estate. Each of the co-heirs therefore has a fraction of the total estate. In simplified terms, this means that all co-heirs own everything jointly. None of the co-heirs can dispose of individual items of the estate alone. Instead, an agreement must be reached within the community of heirs in order to dispose of items belonging to the estate. For example, in order to sell an estate property, a resolution must first be passed by the community of heirs that the property should be sold.

• Even the mere administration of the estate within a community of heirs is complex. A majority resolution is sufficient for a measure of ordinary estate administration (e.g. a decision on minor repairs to an item of the estate). If no majority decision can be reached, a standstill may occur. If necessary, the consent of the blocking co-heir must then be sought each time.

  Action by the individual co-heirs is only permissible in the case of so-called emergency administration measures. These are cases in which an object of the estate is acutely endangered. A burst pipe may serve as an example here, where there is a risk of major water damage if immediate measures are not taken.

  Measures that are neither part of ordinary administration nor emergency administration require the consent of all co-heirs (measures of extraordinary administration).

• The heirs are liable for liabilities with the estate and, depending on the constellation, also with their own assets. There are various ways of limiting the liability of the heirs. However, these liability-limiting measures are usually associated with a comparatively high level of expense.

• Although a community of heirs can, in the worst case, continue to exist for generations, from a legal perspective, the community of heirs is designed for dissolution, i.e. the termination of the community of heirs. A community of heirs can always be dissolved by mutual agreement. A distinction is made here between a so-called partial settlement and a complete settlement of the community of heirs. If an amicable settlement is not possible, the only option is compulsory dissolution. This can be achieved, for example, by auctioning off the individual items of the estate or by means of an action for partition of the estate.

The above explanation is intended to provide an initial insight into the topic of community of heirs. It is not a substitute for advice in individual cases.

If you have specific questions or would like an assessment of your case, we will be happy to provide you with an initial consultation at any time. The costs of such a consultation amount to a maximum of EUR 190.00 plus VAT. The duration of the consultation and the size of your assets are irrelevant.

Status: 15.02.2023