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What exactly is a community of heirs?

Whenever a testator leaves behind not just one but several heirs, these form what is known as a community of heirs. The individual members of the community of heirs are also referred to as co-heirs. The appointment as heir can be made either on the basis of statutory succession or by voluntary succession, i.e., 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 dividing a joint inheritance. To avoid this, the testator must make clear and detailed provisions. These provisions determine who inherits which rights and assets and what they must do in return. The testator's wishes in this regard are recorded in the will, whereby a distinction must be made between three legal categories: the appointment of an heir, a bequest, and a condition. Furthermore, the testator can ensure that his or her last will and testament is carried out by appointing an executor, for example.

Even in the case of a community of heirs, a certificate of inheritance is often required in order to claim an inheritance. This is issued by a probate court. It identifies a person as an heir and specifies the share of the estate that this heir will receive. In the case of a community of heirs, two types of certificates of inheritance can be issued. The joint certificate of inheritance contains the names of all co-heirs and their respective shares of the inheritance in percentages. It can only be applied for jointly by all co-heirs. In addition, each co-heir can apply for a partial certificate of inheritance. This only refers to their individual status as an heir.

Please note: a certificate of inheritance does not make anyone an heir! If, after the certificate of inheritance has been issued, it turns out that its content is incorrect, it will be revoked by the probate court. However, persons who have previously relied on the correctness of the certificate of inheritance are protected. The content of the certificate of inheritance is still considered correct for legal transactions with them. You can therefore effectively acquire ownership of estate assets from the alleged heir.

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

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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 case.

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