ErbenakteDividing the household and clearing the flat: what generally applies
Checked on 11.11.2026
Translated from German. Where anything differs, the German text counts: Deutsche Fassung
The furniture, the crockery, the pictures, the jewellery. For months nobody touches anything, or one day the flat is empty and nobody was asked.
What generally applies
The household goods, too, belong to all heirs together until the division. In principle the heirs may give them away, sell or dispose of them only together. If the deceased left particular things to particular people in the will, that applies. Whether someone who cleared without consent must pay compensation is a question of the individual case.
What helps
- A list with photos. Before anything is moved: what is there, with a photo. That protects everyone, including those who clear.
- First the wishes, then the division. Each heir says what matters to them. Often not everyone wants the same, and much sorts itself out.
- A rule for the rest. Taking turns to choose, by shares; drawing lots when two want the same; or values with compensation in money. Agree the rule beforehand, not afterwards.
- Agree the clearing. Who clears, when, what is thrown away, what the company costs.