The First Steps After Inheritance
After the death of a relative, heirs face a series of decisions. Within six weeks, you must decide whether to accept or decline the inheritance. This period begins upon notification of the inheritance.
If you accept the inheritance, you also assume all liabilities—including outstanding loans, property taxes, and maintenance obligations. Therefore, check the condition of the property early on and have the value of the property professionally determined. We have summarized which documents you need for the sale in a separate checklist.
Inheritance Tax on Real Estate
Whether and how much inheritance tax is due depends on the degree of kinship and the value of the property. Here is an overview of the most important allowances:
| Degree of Kinship | Allowance |
|---|---|
| Spouse / Civil Partner | 500.000 € |
| Children | 400.000 € |
| Grandchildren | 200.000 € |
| Siblings, Nieces, Nephews | 20.000 € |
| Unrelated Persons | 20.000 € |
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VALUE PROPERTY NOWSpeculation Tax: The 10-Year Period
When selling an inherited property, speculation tax may apply if less than ten years have passed between the original acquisition by the decedent and the sale. Crucially: The decedent's period is adopted—you do not start from zero.
If the decedent acquired the property more than ten years ago, the sale is generally tax-free. If the property was used for your own residential purposes by the decedent or by yourself in the year of the sale and the two preceding years, the speculation tax is also waived.
Important: For rented inherited properties that the decedent acquired less than ten years ago, speculation tax on the profit is due upon sale. In this case, seek tax advice.
Selling within a Community of Heirs
If several people inherit a property together, they form a community of heirs. A sale is only possible if all co-heirs agree. In practice, this can lead to conflicts—especially when there are different ideas about use or price.
The common options in a community of heirs are:
Process: Selling Inherited Property in 5 Steps
Apply for Certificate of Inheritance
Apply for the certificate of inheritance at the probate court or present the notarized will with the probate protocol. Only then can you be registered as the owner in the land register—read our guide on the land register for more information.
Have the Selling Price Determined
A well-founded market value assessment is the basis for a successful sale—and protects against misjudgments within the community of heirs. Use a free property valuation for this.
Clarify the Tax Situation
Check inheritance tax, the speculation period, and possible allowances. A tax advisor can save you real money here.
Obtain Consent from All Heirs
In a community of heirs, all co-heirs must agree to the sale and the price. A professional valuation makes it easier to reach an agreement.
Marketing and Sale
With an experienced real estate agent who knows the local conditions, the sale can be completed quickly and at the best possible price—whether it's a single-family home, apartment, or multi-family house.
Frequently Asked Questions About Selling Inherited Property
Do I have to sell an inherited house immediately?
No. You initially have six weeks to accept or decline the inheritance. After that, there is no legal obligation to sell. However, you should factor in ongoing costs such as property tax, insurance, and maintenance.
What taxes are due when selling an inherited property?
Inheritance tax is due regardless of the sale and depends on the degree of kinship and the property value. Additionally, speculation tax may apply if the property is sold within the 10-year period—whereby the decedent’s period is adopted.
What happens if a co-heir does not want to sell?
In a community of heirs, all co-heirs must agree to the sale. If a co-heir refuses consent, the remaining options are: buying out the co-heir, selling one's own inheritance share to another co-heir, or—as a last resort—a partition auction.
Do I need a certificate of inheritance for the sale?
Yes, as a rule, you need a certificate of inheritance or a notarized will with a probate protocol to be registered as the owner in the land register. Without a land register entry, a sale is not possible.
Have you inherited a property?
On our consultation page, you will learn how we guide you personally and systematically through the entire sales process—even with communities of heirs.
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Enes Gülcan
Immobilienexperte & Gründer von Nordhall Immobilien
Ich begleite Eigentümer in Augsburg persönlich beim Verkauf ihrer Immobilie – diskret, strukturiert und mit dem Anspruch, für Sie das bestmögliche Ergebnis zu erzielen.
— Enes Gülcan
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