Selling a share of the estate: what is allowed, the co-heirs' pre-emption

Checked on 05.11.2026

Translated from German. Where anything differs, the German text counts: Deutsche Fassung

One wants out, now, and talks of selling their share "to anyone". They may. But the others then have a right many do not know.

What generally applies

The share of the whole estate can be sold. Every co-heir can dispose of their share of the estate (§ 2033(1) BGB). They do not need the others' consent.
But not "their part of the house". A co-heir cannot dispose of their share in individual items (§ 2033(2) BGB). Only the share of the estate as a whole can be sold, with everything it includes.
Only before a notary. The contract must be notarised (§§ 2033, 2371 BGB).

The co-heirs' right of pre-emption

If a co-heir sells their share to a third party, the other co-heirs have a right of pre-emption (§ 2034 BGB). They can step into the contract on the terms agreed with the third party.

The period is two months. It begins with the notice of the sale.
The right can be inherited.
On a sale to a co-heir there is no right of pre-emption: it protects the community from outsiders, not from each other.

What the buyer gets – and what they bear

Whoever buys a share takes the seller's place in the community of heirs: they co-administer, vote and can demand the division (§ 2042 BGB). From then on they are also liable to the estate's creditors, alongside the seller (§ 2382 BGB).

The other ways out of the community

Every co-heir can demand the division at any time (§ 2042 BGB). The estate's debts are settled first (§ 2046 BGB). How the heirs agree – one takes over, all sell, all keep – is up to them. More in The payout cannot be financed and One heir blocks the sale.

What helps

Record the day the notice came. And from whom, how, with what content.
Read the purchase contract. The pre-emption applies on its terms, including the price.
Know beforehand what the estate is worth. With two months, you cannot only then start gathering values and costs.

Whether a right of pre-emption exists in your case and how it is exercised is for a lawyer or the notary to assess.