Inheritance Law2026-09-27

One Co-Heir Is Blocking Everything – How Can I Still Move Forward?

A co-heir won't respond, refuses every consent, or simply sits the community of heirs out. Here are the routes that let you move forward anyway – even without their agreement.

You write, you call, you make suggestions – and one co-heir simply doesn’t respond, or says no to everything. The inherited flat sits empty, the estate account is frozen, and the bills keep coming. Do you really have to wait until the person blocking things eventually gives way?

In short

No, you don’t have to wait. The law gives you several levers, and they work even without the blocking co-heir’s consent: the unilateral emergency measure, the majority resolution, the action for consent and – as a last resort – the partition auction. The right route depends on exactly what is being blocked. It might be an urgent repair, the day-to-day administration, or the division of the estate itself. I describe how to wind up a community of heirs as a whole in a separate article: dissolving a community of heirs. Here I focus on the situation where one person is blocking things.

How I can help you

Assessing which measure you may already take now without the person blocking things
Preparing and documenting a majority resolution so that it holds up legally
Preparing and running an action for consent against the blocking co-heir
Enforcing the estate’s claims against debtors even without their cooperation
Applying for a partition auction when nothing else works any longer

Under the law, the administration of the estate belongs to all the heirs jointly. As a rule, then, everyone has to pull together. There is one important exception, for measures that preserve the estate. Any co-heir may take these on their own, without the person blocking things consenting or even being asked. What is meant are measures that avert an imminent loss. Examples: the burst water pipe that is leaking, the overdue buildings insurance, meeting a deadline set by the tax office. What does not fall under this is anything that would merely be sensible or desirable. A renovation for which there is still time is such a case. Anyone who oversteps this line is acting for the others without a mandate. They may then have to fight the other heirs for reimbursement of the costs. That is why you should document why a measure was genuinely urgent.

If instead they are blocking the enforcement of a claim belonging to the estate, a second exception helps. The reason: a debtor wants to pay, but all the heirs would have to sign together. A claim that belongs to the estate can, in principle, only be satisfied to all the heirs jointly. One of the heirs will often refuse to cooperate. In that case you can demand that the debtor instead deposits the money on behalf of all the heirs, or delivers the item to a custodian appointed by the court. In this way money or goods pass into secure safekeeping without the person blocking things having to give their signature.

The majority resolution: how you can outvote them

For the proper administration of the estate, a resolution passed by a majority of votes is enough – unanimity is not required. What matters here is not the number of heirs, but the size of the shares in the estate: anyone who has inherited more than half of the estate can outvote two or more co-heirs with smaller shares. Proper administration typically covers letting the property, engaging a managing agent, or carrying out repairs that go beyond mere preservation.

The limit is important, though: an item of the estate itself can only be disposed of by the heirs jointly. This applies, for example, to selling the house, charging it with a land charge, or closing a securities account. Here even the largest majority does not help; a majority resolution is no substitute for a disposal. If the person blocking things refuses precisely that, the majority resolution is blunt. You then need a different lever.

Where there are two heirs, each holding a half share, the majority resolution does not bite. The same applies to differently distributed shares if, as a result, neither side holds a majority. For this situation the law gives you a claim of your own. If administration has been settled neither by agreement nor by majority resolution, each heir can demand administration that is reasonable. Administration is reasonable if it corresponds to the interests of all those involved, judged by fair discretion. If the person blocking things refuses a measure that is reasonable on that basis, you can sue them for consent to precisely that measure. Reasonable measures include letting the property on standard market terms or engaging a particular tradesperson. The final judgment then replaces their missing declaration, so that they no longer have to sign. This route is ordinary civil proceedings, not a quick fix. Reckon on several months until a decision. Plan early which measure you specifically want to push through.

When they block the division itself: the partition auction

Every co-heir can demand at any time that the estate be wound up as a whole. There are, nonetheless, a few statutory exceptions – for instance where a will excludes the winding-up for a certain time. But if the person blocking things refuses any agreement on how the estate is to be divided, then, where there is a property, the only remaining option in the end is the partition auction. It then comes down to questions such as: who keeps the house? Who is it sold to? How is the proceeds divided? Any co-heir can apply for it at the competent local court (Amtsgericht), without the others having to consent. The proceedings then run like an ordinary compulsory auction to end a community of ownership. Experience shows that the proceeds of a public auction less often reach market value than a sale by private treaty. On top of that, the proceedings cost time and fees. That is why the partition auction is the last resort. For the person blocking things it is usually the worse alternative. That is why even a serious announcement of it often works as a lever towards an amicable solution.

A typical case

Three siblings inherit the family home and a savings balance. Two of them want to sell; the third does not respond to any message for months. When the roof starts to leak, one of the two arranges the repair without prior consultation. This is permissible as a preservation measure, because water damage was imminent. The bank refuses to pay out a balance because all three would have to sign. The deposit of the amount is therefore demanded, until the community of heirs reaches agreement. For the ongoing letting, a majority resolution by the two siblings, who together hold two thirds of the shares, is enough. For the sale itself, however, the third sibling’s consent remains strictly necessary. Only once the partition auction is formally applied for does he give way. He agrees to a sale by private treaty at a market-appropriate price.

Common mistakes

Waiting in the hope that the person blocking things will respond of their own accord – meanwhile deadlines keep running, for example for the estate’s tax return or limitation periods on claims.
Declaring high-handed renovations to be an “emergency measure” even though they would merely be desirable – this later leads to a dispute over reimbursement of costs.
Trying to push through a sale with a majority resolution alone, even though unanimity is required for it.
Not documenting majority resolutions in writing – later, no one can prove any longer who contributed which share of the vote, when, and to what.
Threatening the partition auction prematurely, without having even tried the milder means – this often only worsens the climate for negotiations.

Frequently asked questions

Can I force the blocking co-heir to finally respond?

There is no direct duty to respond. But you are not dependent on their reaction: you may take preservation measures on your own, settle proper administration by majority resolution if need be, and for everything else there is the action for consent. Their silence therefore does not stop things from moving forward.

What happens if my emergency measure later turns out not to have been genuinely necessary?

Then you acted without authority to represent the community of heirs. In case of doubt you bear the costs alone, or have to reach agreement with the other heirs on a settlement. That is why you should document beforehand why, in your view, a measure was urgent.

Can I exclude the blocking co-heir from the community of heirs?

No, the law does not provide for exclusion. The community of heirs continues to exist until it has been fully wound up. The person blocking things is detached either by selling their share of the estate to you or to third parties, or else by the full winding-up, if need be through the partition auction.

How long does it take for a partition auction to lead to a sale?

This depends heavily on the competent local court (Amtsgericht) and on whether objections are raised. In practice, experience shows that several months to more than a year pass between the application and the award. That is why you should plan it as a last, not a quick, step.

Does the blocking co-heir bear the costs of my action in the end?

Under the general rules on costs, it is usually the losing side that bears the costs of the proceedings. Whether, and to what extent, this applies in the individual case depends on the outcome of the specific proceedings.

Your next step

The longer a blockade lasts, the more expensive it becomes – through ongoing costs, unused substance, and missed deadlines. I will assess for you which of the routes described is the quickest and cheapest in your situation. I prepare the majority resolution or the action for consent and represent you throughout. That way you no longer have to wait until the person blocking things gives way. You can find more about my work in inheritance law on the topic page. Or you can set out your case to me directly for an initial consultation.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-09-27.

Christian Czirnich, Rechtsanwalt (attorney at law), Kirchseeon near Munich

Tell me what's being blocked and what the co-heir has said so far – I will take a look.

I read every message myself and usually reply on the next working day. What you write to me is covered by legal professional privilege from the first word, even if no engagement comes about. The initial assessment is free of charge.