Several heirs hold the estate jointly until division. How administration and use are governed and how you can avoid disputes in the community of heirs.
Mag. Bernhard Brandauer
Attorney · BRANDAUER Rechtsanwälte, Salzburg
Inheritance matters are handled by Mag. Bernhard Brandauer together with a coordinated team. We examine the will, compulsory portion, gifts and deadlines and tell you clearly where you stand.
Where several persons inherit jointly, a community of heirs arises. Until division the estate belongs to the heirs together. This raises questions of who may take which decisions and how income and burdens are distributed.
This article shows how the community of heirs holds the estate jointly, where the line runs between ordinary and extraordinary administration and what the route to estate division looks like. It does not replace advice in an individual case but provides the basis for a conscious decision.
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The answer shows which route fits your situation for administration, use or division.
Decisions of ordinary administration are taken by the community of heirs in principle by a majority of the shares. This includes measures that serve upkeep and ordinary use. Clear documentation of the resolutions prevents later dispute.
If the shares remain at odds, a workable solution should be sought early.
Important changes go beyond ordinary administration and require stronger agreement of the community of heirs. Where no agreement is reached, a court decision may become necessary. Before that, an attempt at a consensual solution is worthwhile.
A hasty measure by individual heirs can lead to liability questions.
Anyone who wishes to end the community aims at estate division. It can take place consensually by agreement or, if no agreement is reached, through the court. The community of heirs continues until the devolution of the estate and the subsequent division.
A clear valuation of the assets considerably eases reaching an understanding.
With the devolution of the estate the estate passes to the heirs. Where there are several, they hold it jointly from then on according to shares. No heir is sole owner of individual items, but each participates in the whole estate according to their quota.
This state is designed to be temporary. The community of heirs exists until the estate is split up by division. Until then the heirs must decide jointly on the administration and use of the assets.
Measures of ordinary administration serve the upkeep and the ordinary use of the estate. The community of heirs decides on them in principle by a majority of the shares. This includes for instance necessary repairs or the usual letting.
Extraordinary measures reach further and change the substance or the intended purpose of the assets. Here a simple majority is not enough. Such steps require stronger agreement, and where no agreement is reached, the court can be called upon.
Disputes often ignite over the use of shared items, the distribution of income or the question whether to sell. Differing views on the value of individual items also frequently lead to tension. Open accounting and clear resolutions defuse many of these conflicts.
If no lasting understanding can be found, the route leads to estate division. It can take place consensually through a division agreement or, where that fails, be enforced through the court. With the division the community ends and each heir receives their share.
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