What is a community of heirs?

Whenever a testator leaves not just one, but several heirs, they form what is known as a community of heirs. The individual members of the community of heirs are also referred to as co-heirs. They can be appointed as heirs either on the basis of intestate succession or by means of a will. The succession is determined by the probate court.

It is not uncommon for disputes to arise between co-heirs when it comes to the division of a joint inheritance. To avoid this, the testator needs to make clear and detailed arrangements. This stipulates who takes over which rights and assets and what they may have to do in return. The testator's wishes in this regard are recorded in the will, and a distinction must be made between three legal categories - the appointment of an heir, the bequest and the condition. The testator can also use an executor, for example, to ensure that their testamentary dispositions are adhered to.

Even if it is a community of heirs, in many cases you will need a certificate of inheritance in order to claim your inheritance. This is issued by a probate court. It identifies a person as an heir and states what share of the estate this heir will receive. In the case of a community of heirs, two types of certificate of inheritance can be issued. The joint certificate of inheritance contains the names of all co-heirs and their respective share of the estate in quotas. It can only be applied for jointly by all co-heirs. In addition, each co-heir can also apply for a partial certificate of inheritance. This only relates to their individual inheritance position.

Attention: A certificate of inheritance does not make anyone an heir! If it turns out after the certificate of inheritance has been issued that its content is incorrect, it will be revoked by the probate court. However, persons who previously relied on the accuracy of the certificate of inheritance are protected. The content of the certificate of inheritance is nevertheless deemed to be correct for legal transactions with them. They can therefore effectively acquire ownership of estate items from the supposed heir.

Incidentally, you can also waive your inheritance. As a co-heir in a community of heirs, you are a normal heir. You therefore have the legal right to disclaim the inheritance and - if you are entitled to a compulsory portion - you will then be entitled to your compulsory portion. This is a payment claim against the estate, the amount of which corresponds to half of the statutory inheritance share. If you wish to waive the inheritance, you must declare your waiver to the probate court for recording within six weeks of becoming aware that you are an heir.

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Did not find what you were looking for:

https://de.wikipedia.org/wiki/Erbengemeinschaft

https://de.statista.com/statistik/daten/studie/825578/umfrage/prognose-zum-erbschaftsvolumen-in-deutschland-nach-vermoegensart/

https://www.bmjv.de/SharedDocs/Publikationen/DE/Erben_Vererben.pdf?__blob=publicationFile&v=33

Legal notice: This article does not constitute tax or legal advice in individual cases. Please consult a lawyer and/or tax advisor to clarify the facts of your specific individual case.

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