Selling an inherited property in Germany
Evidence of inheritance, agreement between co-heirs, property records and tax checks before selling an inherited German home.
Published by: HomesInGermanyUpdated:
Quick answer
Before marketing, establish who can dispose of the property and how inheritance will be proved. Co-heirs generally have to dispose of estate assets jointly. Agree evidence, representation and land-register questions with the notary; inheritance tax and possible income tax on a sale are separate issues.
Prove inheritance and authority to act
§ 35 GBO provides for a certificate of inheritance or European Certificate of Succession. A publicly authenticated testamentary instrument together with its opening record can suffice, although the land registry may require further proof. Ask the notary to check requirements early where foreign documents, an executor or minors are involved.
Prepare a joint decision
Gather property records, running costs, tenancy agreements and outstanding loans. Agree a contact person, price range and responsibilities with those involved. Have the tax position and acquisition history reviewed before allocating expected proceeds or making commitments. If there is disagreement, obtain legal advice first.
Sources and further reading
General information. Legal and tax outcomes depend on your circumstances; check your case with your notary or tax adviser.