ErbenakteA co-heir does not respond: what you can do and record
Checked on 11.11.2026
Translated from German. Where anything differs, the German text counts: Deutsche Fassung
No answer to calls, letters, messages. Meanwhile the costs keep running, and the others do not know whether they may act.
What generally applies
The heirs administer the estate together (§ 2038 BGB). For ordinary administration a majority is often enough, counted by shares, not by heads. What is needed for preservation, such as an urgent repair, any heir may arrange alone. Selling or dividing, on the other hand, the heirs can only do together.
If a person is not only silent but cannot be found, the court may in some cases appoint someone to represent them. What is possible in your case is for a lawyer or the probate court to assess.
What helps
- In writing and dated. What you asked or proposed when, and how. A registered letter can be proven later, a phone call cannot.
- Name a date, kindly. "Please reply by …" is an invitation, not an ultimatum, and it shows later that you asked.
- Offer an easy way. Some do not answer because they feel overwhelmed. A link through which they can read everything without having to agree at once lowers the threshold.
- Record the costs. Who pays what in the meantime, with receipts.