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Inheritance and gifts: settled calmly
Guide · Inheritance and gifts

Inheritance and gifts: settled calmly.

Certificate of inheritance, land register, tax allowances, community of heirs and sale: the path from an inherited property to a sound decision.

Madeleine BraunAs of October 2026 · 3 min read

The first steps

Establish who the heirs are, through a will or a certificate of inheritance (Erbschein). Secure the property, inform the buildings insurer and keep an eye on running costs. An inheritance can be disclaimed within six weeks of becoming aware of it, for example if the debts exceed the value.

Updating the land register

With proof of succession, you apply to have the land register (Grundbuch) corrected. Within two years of the death, this is free of charge. A notarised will with a record of its opening often replaces the certificate of inheritance.

Inheritance tax and allowances

Spouses have a tax-free allowance of €500,000, children €400,000 and grandchildren €200,000. The owner-occupied family home can be inherited tax-free under certain conditions. Lifetime gifts can help you use allowances several times, as they renew every ten years.

The community of heirs

Several heirs decide together. A neutral valuation provides a fair basis for the discussion: does one heir take over the property and buy out the others, or is it sold? A partition auction (Teilungsversteigerung) takes time and usually yields less than an open-market sale.

Sell or keep

With inherited property, you take over the deceased's acquisition date. If the purchase was more than ten years ago, a sale is tax-free. We also support heirs who do not live in Dresden and keep everyone involved equally informed.

This guide provides a general overview and does not replace legal, tax or financing advice.

Frequently asked questions

Inheritance and gifts in brief.

What do I need to do if I have inherited a property?

First establish who the heirs are, through a will or a certificate of inheritance. Then have the land register corrected, take over insurance and running costs and secure the property. After that, you can decide calmly: live in it, let it or sell it.

Do I need a certificate of inheritance?

If there is a notarised will or contract of inheritance with a record of its opening, this is usually sufficient for the land register. With a handwritten will or statutory succession, a certificate of inheritance is normally required. It is applied for at the probate court.

Which allowances apply to inheritance tax?

Spouses and registered partners €500,000, children €400,000, grandchildren €200,000, parents inheriting €100,000 and everyone else €20,000. Anything above this is taxed according to the tax class. Your tax adviser will calculate the exact amount.

What if several heirs cannot agree?

A community of heirs can only decide jointly. A neutral valuation that gives everyone the same basis is helpful. We also accompany discussions with several heirs and set out options such as a buyout or a sale. In a genuine dispute, legal advice is advisable.

What happens to a jointly owned property in a divorce?

There are essentially three options: one partner takes over the property and buys out the other, both sell together, or you continue to let it jointly. A neutral valuation provides a fair basis. We handle such situations with great discretion.

How do I sell my parents' house?

With time and respect for the memories. First settle the certificate of inheritance, the land register and a shared goal with your siblings. We then value the house, take care of documents and marketing and support you, even if you do not live in Dresden.

How do I update the land register after an inheritance?

By applying to the land registry with proof of succession. If you apply within two years of the death, no court fees are charged.

Is the family home tax-free?

Spouses and children can inherit the owner-occupied family home tax-free under certain conditions, provided they move in without delay and live there for ten years. For children, this applies up to 200 square metres of living space. You should have the details checked by a tax adviser.

What is a partition auction?

If a community of heirs cannot agree, any co-heir can apply for the property to be auctioned. This takes time and often yields less than an open-market sale. An agreement is almost always the better solution.

Do I have to pay capital gains tax when I sell an inherited property?

When you inherit, you take over the deceased's acquisition date. If they bought the property more than ten years ago, the sale is tax-free. Otherwise, their holding period continues. Please clarify this with your tax adviser.

Madeleine BraunManfred Braun

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