Can I sell my share of an inheritance without asking the other heirs?

Yes. Each co-heir decides on their own share of the estate. What you need to plan for is the notarial deed and the notification to your co-heirs, which triggers their right of pre-emption — even while a partition auction is under way.

You want out of a community of heirs that is going nowhere, and you would rather not have to ask the others for permission first. You don’t have to. What matters is choosing the right route: when you sell a share in an estate, it is the formalities and the time limits that decide whether your exit holds or is thrown back into doubt months later.

In short

Yes, you may sell your share in the estate without asking your co-heirs. § 2033 Abs. 1 Satz 1 BGB leaves the decision about the share in the estate to the individual co-heir; there is no statutory requirement that the others consent. Two duties remain all the same. The co-heirs must be informed, because on a sale to an outsider they are entitled to exercise a right of pre-emption (§ 2034 BGB), and the period for doing so only starts to run once you have given notice. And the contract needs a notary; without a notarial deed it is void. So you do not have to ask your co-heirs, but you do have to tell them. That remains true even where a co-heir has already set a partition auction in motion or the division of the estate has begun — there are separate sections on both below.

How I can help you

• I assess whether selling the share is the best way out for your situation, or whether another route out of the community of heirs would serve you better.
• I establish the make-up of the estate and its debts up front, so that you know what your share is worth before you talk about a price.
• I draft and negotiate the contract for the sale of the share and go with you to the notarial appointment.
• I word the notification to the co-heirs so that the period for exercising the right starts to run reliably and you have a date from which you can be at peace.
• I settle your release from estate debts as between you and the buyer, and tell you plainly how much of it nonetheless remains in place towards the estate’s creditors.
• I deal with the notice to the probate court and see the matter through to correction of the land register.

On your own, yes — but only the whole share

Your share is your position in the community of heirs, that is, your proportion of the estate as a whole. You may dispose of it freely and without the others.

What you cannot do is carve individual items out of the estate. A co-heir cannot dispose of their share in individual estate assets (§ 2033 Abs. 2 BGB), and the heirs can dispose of an estate asset itself only jointly (§ 2040 Abs. 1 BGB). The sentence “I am selling my third share in the flat” therefore describes a transaction that does not exist in law. What is sold is the proportion of the whole, with everything that goes with it — including the debts.

This is usually why such contracts fail: they are aimed at the wrong thing.

The co-heirs’ right of pre-emption: the real hurdle

If you sell your share to someone who is not part of the community of heirs, the other co-heirs have a right of pre-emption (§ 2034 Abs. 1 BGB). It is exercised by a declaration to the person bound by it — that is, to you; the law requires no particular form for this (§ 464 Abs. 1 BGB). The consequence is set out in § 464 Abs. 2 BGB: a sale comes into being between you and the co-heir who exercises the right, on the same terms that you agreed with the outsider. Price, method of payment, ancillary agreements all stay the same; only the contracting party is different. The outsider comes away empty-handed; what they can still demand from you depends on the contract you concluded with them. That is why every contract for the sale of a share should contain a provision for this situation. The cleaner course is to have the co-heirs declare in advance that they will not exercise the right.

The right of pre-emption is inheritable: if a co-heir dies, it passes to their heirs (§ 2034 Abs. 2 Satz 2 BGB).

That leaves the question of how long you have to reckon with it. The law allows two months (§ 2034 Abs. 2 Satz 1 BGB). The real lever is the point from which the clock starts to run: not your signature at the notary’s, but the moment your notification reaches the co-heirs. Under the general rules on the right of pre-emption, you, as the person bound, must communicate the content of the contract without undue delay, and the period for exercising the right runs only from receipt of that communication (§ 469 Abs. 1 Satz 1, Abs. 2 Satz 1 BGB). So anyone who keeps the co-heirs in the dark “to be on the safe side” achieves the opposite: the clock stands still, and the uncertainty remains.

Transferring the share does not dispose of the right of pre-emption. It is then directed against the buyer; as against you it lapses, and you must notify the co-heirs of the transfer without undue delay (§ 2035 BGB).

Form, procedure and liability

Without a notary the contract does not hold — and in two respects at once. The disposition by which a co-heir deals with their share requires a notarial deed (§ 2033 Abs. 1 Satz 2 BGB), and so does the contract by which an inheritance that has accrued is sold (§ 2371 BGB). Without the notarial deed, the contract is void. A home-made “assignment agreement” witnessed by others has no effect.

The sequence I follow in cases like these:

1. Establish the estate: land register, accounts, contracts, outstanding liabilities. Without these figures there can be no defensible price.
2. Identify the buyer: a co-heir, a third party, or a commercial buyer of inheritance shares. If you sell to a co-heir, the question of pre-emption does not arise in this form.
3. Draft the contract: purchase price, payment, release from estate debts, pre-emption clause.
4. Notarial deed: the contract is concluded before the notary.
5. Communicate the full content of the contract to each co-heir. Only when it is received does the two-month period begin.
6. Transfer the share and notify the co-heirs without undue delay.
7. Notice to the probate court: the seller is under a duty to the estate’s creditors to give notice of the sale and the buyer’s name without undue delay; notice from the buyer takes its place (§ 2384 Abs. 1 BGB).
8. Correct the land register if there is land in the estate.

What is most often underestimated is the question of liability. From the conclusion of the sale the buyer is liable to the estate’s creditors — but alongside you, not in your place: your own liability continues (§ 2382 Abs. 1 Satz 1 BGB). Arrangements between the two of you change nothing here. The buyer’s liability towards the creditors can neither be excluded nor limited by an agreement between buyer and seller (§ 2382 Abs. 2 BGB). How far it extends is governed by the rules on limiting an heir’s liability; if you are liable without limitation at the time of the sale, unlimited liability falls on the buyer too (§ 2383 Abs. 1 BGB). An inventory that has been drawn up benefits the other party as well, in principle (§ 2383 Abs. 2 BGB). In practice this means: with the release in the contract you can turn to the buyer. Towards the estate’s creditors it does not help you.

If there is land in the estate, the sale may trigger real estate transfer tax. For the acquisition by co-heirs of land belonging to the estate for the purpose of dividing it, § 3 Nr. 3 GrEStG provides an exception. How this works out in your case should be clarified before the notarial appointment, ideally together with your tax adviser.

Where the partition auction is already under way or has been announced (§ 180 ZVG)

If there is land in the estate and the co-heirs cannot agree, the path often leads to a partition auction: a forced sale for the purpose of dissolving a community (§ 180 Abs. 1 ZVG). It is not enforcement against a debtor, and it does not reach the estate but the individual piece of land. Often it hangs in the air merely as an announcement, to get things moving.

Neither of these makes any difference to the sale of your share. § 2033 Abs. 1 BGB does not tie disposal of the share to any stage of the proceedings; ordering a partition auction is not a prohibition on disposing of shares in an estate. So you can sell while the proceedings are running, and all the more so while they are only being threatened.

What the buyer acquires is your position in the community of heirs, with everything attached to it: rights of participation and administration, the right to demand the division of the estate, a share in the proceeds — and joint liability for the estate’s debts (§ 2382 BGB). The auction proceedings do not start afresh because of the sale; the buyer steps into the role you had in them. If you are conducting the proceedings yourself, what should happen to them belongs in the contract: a buyer may have an interest in carrying them on, and equally in bringing them to an end. If the applicant withdraws the application, the proceedings must be discontinued (§ 29 ZVG). Conversely, the proceedings may be suspended temporarily on the application of a co-heir (§ 180 Abs. 2 ZVG).

Important for what to expect of the money: the award of the bid does not end the community of heirs. The proceeds take the place of the land and belong to the estate (§ 2041 Satz 1 BGB). Nothing has yet been distributed; that requires the division of the estate, and in these cases that is usually exactly where things stick in any event.

For price and the pool of buyers this means: ongoing proceedings are a fact that every buyer factors in — the setting of the market value, the hearing dates, bidding behaviour, an open outcome. Anyone buying from outside takes a discount for it. At the same time the pool of possible buyers narrows; realistically what remains are co-heirs who want to secure their position, and commercial buyers of inheritance shares who are used to such proceedings. For a co-heir who wants to keep the land, your share may be attractive precisely because of the proceedings. That is not automatic, but it shifts the negotiating position.

The right of pre-emption applies unchanged. If you sell to an outsider, the co-heirs can step in under § 2034 BGB, and the two months run under the rules described above — regardless of when the auction date falls. A scheduled date does not wait for the right of pre-emption, and the right of pre-emption is not extended because of the date. Planning both side by side is the real work. For the co-heirs the right of pre-emption can be the most effective tool here: if in the end all the shares come together in one hand, there is no community left to dissolve.

Where the community of heirs is to be divided (§ 2042 BGB)

Any co-heir may demand the division of the estate at any time (§ 2042 Abs. 1 BGB). Limits are set by the grounds for postponement in §§ 2043 bis 2045 BGB and by a direction of the deceased, who can exclude the division or make it subject to a notice period (§ 2044 BGB). As to substance, the order laid down by law applies: first the estate’s liabilities are to be discharged (§ 2046 Abs. 1 BGB), and the remaining surplus is distributed in proportion to the shares in the estate (§ 2047 Abs. 1 BGB).

In practice three routes to division stand side by side:

• The division agreement. As to content the co-heirs are largely free, but they all have to be on board. What form is required depends on the content; if land is part of it, that is to be clarified before signing.
• A partition plan and an action for division. The action seeks consent to a particular partition plan. That demands groundwork: the plan must capture the estate in full and take account of the fact that the liabilities are to be discharged first (§ 2046 BGB). It is on this groundwork, more often than on the point of law, that such actions fail.
• The partition auction for a piece of estate land (§ 180 ZVG), as described above.

The sale of a share does not belong in this series. It does not divide the community of heirs but is an exit of its own alongside it: the community continues, it simply gains a different member. For that you need neither agreement with the co-heirs nor a court. Anyone hoping to dissolve the community through the sale is mistaken — that happens only once all the shares come together in one hand.

If the division is already under way, it carries on after the sale, simply with a different participant. The right under § 2042 Abs. 1 BGB then belongs to the buyer, as does participation in a partition plan. Three points should be clarified in this connection:

• A division agreement that has already been concluded does not vanish with the sale. What you owe under it remains your obligation towards the co-heirs; what you expect from it is part of what you are selling. Both should be disclosed and reflected in the sale contract.
• If an action for division is pending, the dispute is initially carried on between the existing parties despite the disposal (§ 265 Abs. 2 Satz 1 ZPO). So the sale does not end the proceedings; how they are carried on is to be settled between seller and buyer.
• Advances, outlays on the estate, benefits drawn from the time before the sale: who is entitled to them and who bears them should be named in the contract, or it later becomes the dispute between you and the buyer.

Four routes out of a community of heirs, briefly compared

• Selling the share. Time: depends only on you, the buyer and the notary, plus the two months for the right of pre-emption; the co-heirs do not have to consent. Proceeds: usually below the arithmetical share of the estate’s value, because the buyer prices in uncertainty, the length of proceedings and joint liability. Your liability to the estate’s creditors remains in place (§ 2382 BGB).
• Withdrawal against compensation (“Abschichtung”). You leave against a payment, without transferring the share; it accrues to the remaining co-heirs. It is not regulated by statute; the courts recognise it and, on that case law, do not require the form of § 2033 Abs. 1 Satz 2 BGB, because no share is transferred. Whether that holds in the individual case, for instance where there is land in the estate, should be checked beforehand. Time: can be the quickest route, but it presupposes agreement. Proceeds: purely a matter of negotiation, as there is no outsider to set a price. No right of pre-emption arises, because there is no sale to a third party. Here too liability to the estate’s creditors does not end of its own accord.
• Division of the estate, by agreement or through an action. Time: short where there is agreement, long in a dispute, because a complete partition plan and the discharge of the liabilities come first. Proceeds: most likely the full share, with no discount for a third party. The downside: you need the others, and in an action the court.
• The partition auction. Enforceable even without consent, but only for land. Time: a court process with valuation and hearing dates, plus the possibility of temporary suspension (§ 180 Abs. 2 ZVG); the duration cannot be promised. Proceeds: open, decided at the hearing; and they fall into the estate first (§ 2041 Satz 1 BGB), so they still have to be distributed.

In short: selling the share buys you time and independence and regularly costs you part of the arithmetical value. The division of the estate is more likely to bring the full share and costs you time and agreement. Which route holds up in your situation depends on which of these is in shorter supply for you.

A typical case

Three siblings inherit in equal shares. In the estate: a let flat, two accounts, a residual loan. Two of the siblings want to keep the flat; the third wants money and, for two years now, no more discussions. They find a commercial buyer of inheritance shares, the contract is notarially recorded, and the co-heirs receive the notification with the full content of the contract. Six weeks later one sister exercises the right of pre-emption and steps in on the same terms. The exit succeeds, simply with a different counterparty. This is exactly the usual case: the right of pre-emption does not prevent the exit, it decides who pays in the end. And a serious offer from outside is often what finally gets a deadlocked community of heirs moving.

Common mistakes

• Concluding the contract in private writing and treating it as binding.
• Trying to sell the share in a single asset rather than the proportion of the estate.
• Not informing the co-heirs. That means the period for exercising the right does not begin, and the right of pre-emption remains exercisable even beyond the transfer.
• Assuming a sale is ruled out because the partition auction has already been ordered.
• Treating the auction proceeds as money already distributed; they belong to the estate first.
• Naming a price before the estate debts are known.
• Confusing the contractual release with freedom from liability towards the estate’s creditors.
• Overlooking the notice to the probate court.
• Having the tax consequences checked only after the notarial deed, when there is nothing left to shape.

Frequently asked questions

Can the co-heirs prevent the sale?

No. Each co-heir decides on their share of the estate alone; the law provides neither a requirement of consent nor a right of veto for the others. What remains open to them: on a sale to an outsider they can exercise the right of pre-emption, and the sale then comes into being with them on the same terms (§ 464 Abs. 2 BGB). Your exit is unaffected by this; only the counterparty changes.

Is a written contract between me and the buyer enough?

No. Both parts of the transaction require a notarial deed: the co-heir’s disposition of their share (§ 2033 Abs. 1 Satz 2 BGB) and the contract by which an inheritance that has accrued is sold (§ 2371 BGB). Without the notarial deed, the contract is void — no matter how carefully it is worded or who else has signed it.

Am I still liable for estate debts after the sale?

Yes, your liability remains in place. From the conclusion of the contract the buyer is additionally liable to the estate’s creditors, not in your place (§ 2382 Abs. 1 Satz 1 BGB); the buyer’s liability towards the creditors can neither be excluded nor limited by an agreement between the two of you (§ 2382 Abs. 2 BGB). A release in the contract operates only between you and the buyer. Towards the creditors you can limit your liability only with the tools of inheritance law.

Instead of selling my share, can I transfer it to my child?

Yes. A gift is also a disposition of the share, for which you need to ask no one. The rules on the purchase of an inheritance apply correspondingly to such contracts, with special rules for the gift (§ 2385 BGB). A right of pre-emption for the co-heirs arises only on a sale. If a contract says “gift” but consideration has in fact been agreed, it is the true content that counts.

What happens if the buyer resells my share?

Then the rules on the notarial deed, on the right of pre-emption against the buyer, and on liability apply correspondingly (§ 2037 BGB). If the co-heirs exercise their right of pre-emption and the share is transferred to them, the buyer is freed from liability for the estate’s liabilities; it remains only in so far as the buyer is answerable to the creditors for their administration of the estate up to that point (§ 2036 BGB).

Can I still sell my share if a co-heir is pursuing the partition auction?

Yes. The partition auction (§ 180 ZVG) does not bar disposal of the share; § 2033 Abs. 1 BGB makes it dependent on no stage of the proceedings. The buyer steps into your position in the community of heirs, and with it into your role in the ongoing proceedings. The co-heirs’ right of pre-emption (§ 2034 BGB) applies unchanged, and its period runs regardless of when the auction date falls.

What becomes of an ongoing division if I sell my share?

It carries on, simply with a different participant: the sale does not end the community of heirs, it swaps a member. The right to demand the division of the estate at any time (§ 2042 Abs. 1 BGB) thereafter belongs to the buyer. A division agreement that has already been concluded remains binding; if an action for division is pending, the dispute is initially carried on between the existing parties (§ 265 Abs. 2 Satz 1 ZPO).

Selling a share or withdrawing against compensation — what is the difference?

On a sale you transfer your share; the community of heirs continues and gains a new member, and on a sale to an outsider the co-heirs’ right of pre-emption arises (§ 2034 BGB). On withdrawal against compensation you leave against a payment, without transferring the share; it accrues to the remaining co-heirs. Withdrawal is not regulated by statute but is recognised by the courts, and it presupposes agreement with the co-heirs. In neither case does your liability to the estate’s creditors end of its own accord.

Your next step

If you want out of a community of heirs, it is the preparation that decides the price. Send me what you have: the will or certificate of inheritance, an overview of the estate, correspondence with the co-heirs, any offer, post from the auction court. I will tell you what your share actually supports, how I will shape the contract so that the right of pre-emption does not undo your exit, and which route out of inheritance law I consider the better one in your situation. What representation costs we will discuss openly in the initial consultation: under the Lawyers’ Remuneration Act (RVG) or by agreement, and on request I will check whether your legal expenses insurance provides cover. Representation is available nationwide, with the consultation by video or telephone.

The next part deals with the question that follows directly: what is my share worth, and how do I arrive at a price I can defend?

This article gives general information and is no substitute for legal advice in the individual case.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-11-14.

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

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