You can sell an inherited property discreetly as soon as it is established who the heirs are and all heirs agree. At diskret.immo, the house only appears as an anonymous profile – with no address and no photos of your parents' home online. Only vetted buyers receive the exposé, after a confidentiality undertaking and release, and the address only after a further release. You set the pace, and every release to buyers only happens after agreement within the community of heirs.
You do not have to rush anything
After a death, selling the house is rarely the first concern. Many heirs feel under pressure – from running costs, from relatives, from purchase offers that unexpectedly arrive in the letterbox. A discreet sale takes this pressure away: there is no listing, no viewing tourists in your parents‘ home and no discussion in the neighbourhood.
We begin with a conversation, not a contract. In it, we clarify what really needs to be done now and what can wait.
What needs to be done before selling an inherited property?
Before the sale, it must be proven who the heirs are. As a rule, the heirs do not need to be registered in the land register (Grundbuch) for the sale (§ 40 German Land Register Code, GBO). The sequence:
- Obtain proof of inheritance: A certificate of inheritance (Erbschein) from the probate court (Nachlassgericht), or a notarial will or contract of inheritance with the record of its opening (Eröffnungsniederschrift).
- Correct the land register, if useful: The heirs can have themselves registered as owners. For the sale itself, this is usually not necessary; the notary (Notar) clarifies whether the buyer’s bank requires it for its land charge (Grundschuld). If the application is made within two years of the inheritance, no land register fee is charged (no. 14110 of the schedule of costs of the GNotKG, note 1).
- Agreement within the community of heirs: All heirs decide on the sale together (§ 2040 German Civil Code, BGB).
- Estimate the value: A neutral valuation creates a common basis for all heirs.
- Offer discreetly: Anonymous profile, quiet market test, release in stages – every step in agreement with all heirs.
- Purchase contract and payout: The purchase price goes to the community of heirs and is distributed according to the inheritance shares or an agreement.
What if the heirs cannot agree?
Without the consent of all heirs, the property cannot be sold on the open market. However, every co-heir can demand the partition of the community of heirs (§ 2042 BGB). A co-heir can also sell their share in the estate by notarial deed (§ 2033 BGB); the other co-heirs then have a right of first refusal (§ 2034 BGB). As a last resort, there is the partition auction (Teilungsversteigerung) at the local court (§ 180 German Act on Compulsory Auction and Compulsory Administration, ZVG). It is public, often takes a long time, and its outcome is hard to predict.
For most communities of heirs, a joint, discreet sale is the better route. What helps:
- a neutral valuation that all heirs receive at the same time
- a single contact who informs everyone equally
- the quiet market test, which shows which price is realistic – before any dispute arises
- the option of one co-heir taking over the shares of the others
If one co-heir wants to keep the house, they can buy out the others. This also requires a sound valuation. For tax purposes, the buy-out counts as a purchase or sale of the shares; for the share taken over, the speculation period (Spekulationsfrist) starts again.
Is tax payable when selling an inherited property?
In Germany, whether a gain from the sale is taxable as a private disposal transaction (privates Veräußerungsgeschäft) is governed by § 23 German Income Tax Act (EStG). The period is ten years between acquisition and disposal. As an heir, you step into the legal position of the deceased; what matters is therefore, in principle, when they acquired the property. The sale is also tax-free if the property was used for one’s own residential purposes in the year of the sale and in the two preceding years. According to the tax authorities, the deceased’s own use is attributed to the heir. How use by the deceased and by the heirs counts in your case must be checked individually.
Independently of this, inheritance tax (Erbschaftsteuer) may be payable. It arises with the inheritance, not with the sale.
Caution with an inherited family home: If you inherited your parents‘ home free of inheritance tax because you moved in yourself, this exemption lapses retroactively if you sell the house within ten years or no longer live in it yourself – unless compelling reasons prevent you from doing so (§ 13(1) no. 4c German Inheritance and Gift Tax Act, ErbStG). Have this checked by a tax adviser before the sale.
No legal or tax advice. The notes on §§ 2033, 2034, 2040, 2042 BGB, § 40 GBO, § 180 ZVG, § 23 EStG, § 13 ErbStG and the GNotKG reflect the general legal position in Germany as of 26.10.2026. For your case, please consult a notary, a lawyer or your tax adviser.
Which documents do I need to sell an inherited property?
| Document | Where to obtain it |
|---|---|
| Certificate of inheritance or notarial will with record of opening | Probate court, notary |
| Land register extract (Grundbuchauszug) | Land registry (Grundbuchamt) |
| Energy performance certificate (Energieausweis, § 80(4) GModG, formerly GEG) | Issuer, possibly among the deceased’s papers |
| Building plans, living area calculation | Building authority, documents in the house |
| Tenancy agreements, if let | Deceased’s papers |
| Insurance and property tax (Grundsteuer) documents | Insurer, municipality |
| Powers of attorney, if heirs are represented | Notary |
We obtain missing documents such as the land register extract, declaration of division (Teilungserklärung) or energy performance certificate as part of the brokerage agreement (Maklerauftrag); official fees are borne by the owners.
What happens to the contents of the house?
The house does not have to be empty for the sale. Many buyers also view a furnished house. You can commission a clearance before or after the sale; the purchase contract can set out what stays in the house. You should secure keepsakes before the first viewing.
More on the general process at Sell property discreetly and in the guide The discreet property sale process.
How does a community of heirs sell a house?
All heirs must agree to the sale and sign the purchase contract at the notary’s office or be represented. The proceeds belong to the community of heirs and are distributed according to the inheritance shares or an agreement.
Can I sell my parents‘ home before the land register has been corrected?
Yes. The purchase contract can be concluded with a certificate of inheritance or a notarial will, and as a rule the heirs do not need to be registered beforehand for the transfer to the buyer (§ 40 GBO). The notary clarifies whether registration is nevertheless needed for the land charge of the buyer’s bank.
How long do I have to sell the inherited house?
There is no statutory deadline for the sale. For the fee-free correction of the land register, a period of two years from the inheritance applies. For tax purposes, the timing can matter because of § 23 EStG and, for a family home inherited free of inheritance tax, because of the ten-year period in § 13(1) no. 4c ErbStG.
What if one heir lives abroad?
They can grant another co-heir or a trusted person a notarial power of attorney. Documents can be exchanged digitally; the signature takes place at a notary’s office or a consulate.
Do the tenants in the inherited house have to move out?
No. Existing tenancy agreements pass to the heirs and later to the buyer. The tenants are only informed when a viewing is due.
- Bundesministerium der Justiz: Bürgerliches Gesetzbuch, §§ 2033, 2034, 2040, 2042, accessed 26.10.2026, https://www.gesetze-im-internet.de/bgb/__2040.html (German)
- Bundesministerium der Justiz: Grundbuchordnung, § 40, accessed 26.10.2026, https://www.gesetze-im-internet.de/gbo/__40.html (German)
- Bundesministerium der Justiz: Erbschaftsteuer- und Schenkungsteuergesetz, § 13 Abs. 1 Nr. 4b und 4c, accessed 26.10.2026, https://www.gesetze-im-internet.de/erbstg_1974/__13.html (German)
- Bundesministerium der Justiz: Gesetz über die Zwangsversteigerung und die Zwangsverwaltung, § 180, accessed 26.10.2026, https://www.gesetze-im-internet.de/zvg/__180.html (German)
- Bundesministerium der Justiz: Einkommensteuergesetz, § 23 Abs. 1 Satz 1 Nr. 1, accessed 26.10.2026, https://www.gesetze-im-internet.de/estg/__23.html (German)
- Bundesministerium der Justiz: Gerichts- und Notarkostengesetz, Anlage 1, Nr. 14110 mit Anmerkung 1, accessed 26.10.2026, https://www.gesetze-im-internet.de/gnotkg/anlage_1.html (German)