Corpus Makler · Guide · November 2026
The first steps
- Secure the property: check the buildings insurance and inform the insurer of the inheritance, keep the heating running frost-free in winter, arrange post and keys.
- Proof of inheritance: To correct the land register you need a certificate of inheritance (Erbschein) or a notarial will or inheritance contract with the probate court's record of opening.
- Correct the land register: If the application is made within two years of the death, entering the heirs at the land registry is free of charge.
- Ongoing contracts: electricity, water, property tax and, for flats, the service charge (Hausgeld) continue to run.
Community of heirs: deciding together
If several people inherit, they form a community of heirs (Erbengemeinschaft). The co-heirs can only dispose of the estate jointly (§ 2040 BGB) – so a sale requires everyone's consent. Majority rules apply in part to ongoing management. If the heirs cannot agree, any co-heir can apply for a partition auction (Teilungsversteigerung). However, this often leads to worse results than a private sale. An open discussion and a neutral estimate of the value help to find a joint solution.
Inheritance tax
Personal allowances apply for inheritance tax (§ 16 ErbStG, as of November 2026), including 500,000 euros for spouses and registered partners, 400,000 euros for children and 200,000 euros for grandchildren. There are additional tax exemptions for the owner-occupied family home if the spouse or children live in the property themselves for ten years; for children the exemption is limited to 200 m² of living space (§ 13 ErbStG). The tax office values the property according to its own rules. Be sure to get tax advice here.
Speculation period on a later sale
If the property is sold within ten years of its acquisition, a capital gain may be subject to income tax (§ 23 EStG). Heirs step into the position of the deceased: what matters is when they bought the property. If the deceased owned the property for more than ten years, a sale is usually tax-free. Also exempt is a property used for one's own residential purposes in the year of sale and the two preceding years. Your tax adviser will clarify the details.
Sell, let or use it yourself?
- Selling makes sense if nobody wants to use the property, if co-heirs are to be paid out or if major renovations are due that you do not want to finance.
- Letting brings ongoing income, but also duties as a landlord. Check whether investments are needed before letting.
- Using it yourself can be attractive, especially with a view to the tax exemption for the family home.
For older houses it is worth looking at the energy performance. After a change of ownership, obligations under the Building Energy Act may apply. For the question of which renovation makes sense, you will find a separate guide on baucorpus.de.
Our support
Corpus Makler supports heirs and communities of heirs with a free market price estimate as a neutral basis for discussion, with obtaining the documents and – if you decide to do so – with selling or letting. The management of a let property can be taken over by Corpus Hausverwaltung on request. Please clarify legal and tax questions with a notary, lawyer or tax adviser.
Further reading
Our guide articles give a general overview (as of November 2026) and do not replace legal or tax advice in individual cases. The German version is binding.
