Have you inherited a property and are wondering how to sell it quickly and legally? The key lies in preparation. Missing or incorrect documents can delay the sales process by months and reduce proceeds by up to 15%.
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The topic briefly and concisely
The certificate of inheritance is the most important document and should be applied for immediately after accepting the inheritance, as issuance can take up to 12 weeks.
A recent land register extract (not older than 14 days) and a valid energy certificate are legally required for the notary appointment and marketing.
In an inheritance community, all co-heirs must unanimously agree to the sale; a lack of agreement can delay the process by months or even years.
Selling an inherited property is an emotional and administrative challenge. Decisions often need to be made within an inheritance community, adding further complexity to the process. Compiling all necessary documents carefully is the crucial first step to make the sales process efficient and avoid legal pitfalls. This guide shows you which documents you need to sell your inherited property quickly and achieve the best possible price. With the right preparation, you can turn a complex task into a manageable process.
The Foundation: Why the Certificate of Inheritance is Crucial for 90% of Sales
If you have decided to sell the inherited property, the first step is often to visit the probate court. The certificate of inheritance is the official document that identifies you as the lawful heir and is usually mandatory. Only with this proof can you apply for the necessary correction in the land register, which is a prerequisite for the sale. If there is a notarised will or inheritance contract, it may replace the certificate of inheritance; however, the land registry will examine this on a case-by-case basis. You should apply for the certificate of inheritance immediately after accepting the inheritance, as issuance can take between 4 and 12 weeks depending on the court's workload. The costs depend on the value of the estate. Without this proof, a sale is practically blocked before it has even started. Early clarification of the line of succession is therefore the most important lever for a swift sales process.
Clarity about Ownership and Encumbrances: The Current Land Register Excerpt
The land register excerpt is the official document that unequivocally proves you are the owner of the property. For the notary appointment for the sale, a current certified extract, which should not be older than 14 days, is essential. This document not only provides information about ownership but also about possible encumbrances in Section II (e.g., rights of way, residential rights) and Section III (land charges). Potential buyers and their financing banks insist on 100% visibility to secure financing. You can apply for the extract at the relevant district court (land registry office). While a personal application can take up to two weeks, notaries often receive the extract digitally within a few minutes. The costs are low: an uncertified extract costs about 10 Euros, a certified one 20 Euros. A clean land register excerpt is a strong selling point and speeds up the purchase decision. Take care of this as soon as the certificate of inheritance is available, so as not to lose time in the sales process.
Legal Requirement: The Energy Certificate as a Must for Marketing
Since 2014, the energy certificate has been legally required when selling or newly renting out properties. You must present the energy certificate to potential buyers unsolicited, at the very latest during the first viewing. If it is missing, fines of up to 10,000 Euro may be imposed. The most important metrics, such as the final energy demand and the energy efficiency class, must already be mentioned in the property advertisement. Two types are distinguished:
Consumption certificate: Based on the heating cost bills from the last 3 years. It is cheaper (around 50-100 Euro) and quicker to issue.
Demand certificate: Analyzes the building fabric and system technology. It is more expensive (around 300-500 Euro), but more informative and mandatory for certain buildings.
A good energy rating can positively influence the sale price, while a poor rating ensures transparency and provides a solid basis for negotiations. An energy certificate is valid for 10 years. Determine early on whether a valid certificate is available or if a new one needs to be issued. More information on the valuation of your inherited property can be found in our blog.
The construction documents: Completeness creates trust and value
Complete construction documents are of great value to buyers and banks, as they document the building's condition and the legality of any extensions or renovations. Missing plans can delay a financing commitment by weeks. The most essential construction documents include:
Building plans and layouts: Scaled drawings of all floors are indispensable for creating brochures and for potential buyers.
Building permits: Proof of all permit-required construction and renovation measures.
Living space calculation: An official document that verifies the exact living area and ensures accurate pricing.
Building description: Detailed information about the materials used and the construction execution.
If these documents can no longer be found, you can request them from the relevant building authority. The reconstruction of missing plans can take 2 to 6 weeks and incur costs of several hundred euros. A complete set of construction documents signals professionalism and can speed up the sales process by at least 10%. This is a key point in our checklist for property sales.
Special Case of Inheritance Community: Only Unanimous Agreement Leads to Successful Sale
If the estate consists of multiple heirs, the sales process becomes more complex, as all co-heirs must unanimously agree to the sale. A simple majority is not sufficient. This unanimity is required for all major decisions: from the offer price, to hiring an estate agent, up to the final purchase contract. To avoid conflicts that could delay the sale by months or years, a clear written agreement among the co-heirs is advisable. If a co-heir blocks the sale, often the only remaining option is a partition auction, which usually results in a significantly lower return – often 20-30% below market value. Clear the fronts early on and, if necessary, bring in a mediator or a neutral third party like Auctoa to achieve a data-based agreement. A clear strategy is crucial when selling a house from an estate community.
Further important documents for a smooth process
Alongside the central documents, there are additional materials that can speed up the sales process and ensure transparency. This includes the negative waiver declaration from the municipality. The municipality often has a legal right of first refusal in property sales and three months to exercise this right. Only with the waiver declaration (negative certificate) is the sale legally secure. The notary usually handles this request, which can take 4 to 8 weeks. Additionally, proof of an existing residential building insurance is relevant for the buyer's financing bank. If the property is located in a redevelopment area, corresponding certificates are required. A complete document file that covers all these points can shorten the notary appointment by up to 50% and leaves a professional impression on potential buyers. If you're unsure which documents apply in your case, our Auctoa Estate Manager can quickly provide clarity.
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The quick sale of an inherited property largely depends on one single factor: the complete and early assembly of all documents. Every missing document, from the certificate of inheritance to the energy performance certificate, can lead to weeks of delays and complicate negotiations. Plan at least 2 to 3 months to gather all the paperwork, especially if an inheritance community is involved. A proactive and structured approach not only saves time and nerves but also ensures the best possible sale price. A well-prepared sale is a fast sale.
Additional useful links
Destatis (Statistisches Bundesamt) offers comprehensive information on construction price indices and real estate price indices.
Destatis provides detailed tables on house prices and land prices.
Bundesfinanzministerium provides information on inheritance and gift tax.
Deutscher Notarverein offers practical tips for selling real estate.
Deutscher Notarverein provides general information on the subject of real estate.
Grundbuchportal der deutschen Bundesländer is the central portal for information on land registers in Germany.
Justiz.NRW provides information on probate procedures specifically for North Rhine-Westphalia.
FAQ
What is the very first document I should apply for when selling an inherited property?
The first and most important document is the certificate of inheritance (or the verification of whether a notarised will is sufficient). Without this proof of your entitlement, you cannot initiate any further legal actions such as changing the land registry entry, which is essential for the sale.
Do I need to change the land register for the sale?
Yes, as an heir, you must be registered in the land registry as the new owner. This process is called land registry correction and is a prerequisite for sale. The correction is free of charge within two years after the inheritance, if it is done directly for the heir.
What is the approximate cost of obtaining all necessary documents?
The costs vary. The certificate of inheritance depends on the estate value and can cost several hundred to a thousand euros. A land registry excerpt costs approximately 20 euros, an energy performance certificate between 50 and 500 euros. The procurement of construction documents can also cost a few hundred euros. Plan for a budget of at least 500 to 1,500 euros.
How can I expedite the sale if I can't find all the documents from the deceased?
Start researching and applying at the relevant offices immediately. You can obtain land registry extracts from the land registry office, building documents from the building authority, and cadastral maps from the cadastral office. A professional service provider or real estate agent can often significantly speed up this process through direct access to databases and experience with the authorities.
Do I need the municipality's approval to sell?
Yes, indirectly. The municipality must waive its statutory pre-emption right. The notary requests this after the contract has been concluded. Only when the municipality issues a waiver (negative certificate) or lets the three-month period pass, is the purchase agreement definitively effective.
What can I do if a co-heir blocks the sale?
If an agreement is not possible, you can sell your share of the inheritance to a co-heir or a third party. Another option is to apply for a partition auction at the district court. This is a forced auction process that often results in a lower return and should be considered as a last resort.
