Community of heirs: Dispute of heirs and action for division of inheritance

A community of heirs is a group of people who jointly inherit the inheritance of a deceased person.

If a deceased person has been inherited by several persons, they together form a so-called community of heirs.

The law does not assign different items to each individual. Rather, the heirs are jointly entitled to the estate. All heirs participate with their share in the assets of the testator, in the entirety of the assets. This also means that, in principle, no co-heir can dispose of an object alone. In principle, the participation of all heirs is necessary.

If the estate is to be divided, the heirs must agree on the division. In principle, every co-heir can demand the so-called "co-heir dispute".

If no agreement is reached, the co-heirs can apply to the locally competent probate court for mediation in the inheritance dispute. However, any co-heir can derail this procedure by objecting.

Regardless of this, the co-construction dispute can also be carried out in court - so-called inheritance division action - by submitting a so-called inheritance division plan. The inheritance division plan must provide for the dispute of the community of heirs in accordance with the statutory regulations, or in accordance with the testamentary dispositions of the testator. For such an action for the division of inheritance, it is not the probate courts that have jurisdiction, but in principle the so-called ordinary civil courts.


General information on courts and judicial authorities can also be found on the website of the state government of Schleswig-Holstein.

  • Information on courts and judicial authorities

Responsible for the content
No information available

Last update or date of publication
No information available