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Selling a share of an inheritance: leaving the community of heirs

Anyone who is part of a community of heirs does not have to wait for the division. You can sell your own share of the estate, the inheritance share. In doing so, a notarial form and the co-heirs' right of first refusal must be observed.

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Your chances of getting your money back

A co-heir can dispose of their share of the entire estate and sell it (§ 2033 BGB). The contract for the sale of the inheritance share must be notarized.
If you sell to a third party, the remaining co-heirs have a right of first refusal (§ 2034 BGB). Within a deadline, they can enter into the purchase contract and take over the share themselves.

What you should do now

  1. 1

    1. Estimate the value

    Get an overview of the value of your inheritance share.

  2. 2

    2. Find a buyer

    Look for a buyer; this can be co-heirs or third parties.

  3. 3

    3. Notarize

    Conclude the purchase contract for the inheritance share before a notary.

  4. 4

    4. Observe the right of first refusal

    Inform the co-heirs; they can exercise their right of first refusal.

How to spot the scam

  • The sale of the inheritance share is agreed without notarial form.
  • The co-heirs' right of first refusal is bypassed.
  • The value of the inheritance share is sold well below value without examination.

Frequently asked questions

Can I simply sell my inheritance share?

Yes. As a co-heir you can dispose of your share of the entire estate and sell it (§ 2033 BGB). Individual estate objects, on the other hand, you cannot dispose of on your own, only your entire share.

Does the sale have to go to a notary?

Yes. The contract for the sale of an inheritance share requires notarization. Without this form, the sale is invalid. The notary also explains the co-heirs' right of first refusal.

What does the co-heirs' right of first refusal mean?

If you sell your inheritance share to an outsider, the remaining co-heirs may, within a deadline, enter into the purchase contract and acquire the share themselves on the same terms (§ 2034 BGB). This way they can prevent a stranger from entering the community of heirs.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.