Legal notice

This article is for general information purposes only and does not constitute legal, tax, or financial advice, nor a valuation in an individual case. Despite careful research, we assume no liability for accuracy, completeness, and timeliness. For specific questions, please consult a lawyer or tax advisor. Older content may be outdated due to changes in legislation or case law.

Since a community of heirs initially holds the property jointly, the appraisal report always relates to the entire property and not to individual notional co-ownership shares.

Based on this total value, it is then possible to calculate the amount a co-heir would need to receive if they sold their share to the other co-heirs or were bought out.

In cases of disagreement over utilization – sale, rental, or takeover by one co-heir – the neutral appraisal report frequently forms the only jointly accepted basis for negotiation.

In practice, commissioning an appraisal report usually only requires a majority decision of the community of heirs under § 745 BGB, provided it constitutes a proper administrative measure – unanimity is not strictly required.

The costs of the appraisal report are generally borne jointly by the community of heirs from the estate; a subsequent offsetting against the individual inheritance shares is possible if certain co-heirs refuse to authorize the commission.