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=U3= UTit1 -- Subtitle 1 Legal relationship of the heirs between themselves
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=U4= Sec2032 -- Section 2032 Community of heirs
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=S=> BGB 2032. 1 If the deceased leaves more than one heir , the estate becomes the joint property of the heirs .
=S=> BGB 2032. 2 Until the partitioning , the provisions of section 2033 to 2041 apply .
=U4= Sec2033 -- Section 2033 Right of disposition of the co-heir
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=S=> BGB 2033. 1 Every co-heir may dispose of his share in the estate . The contract by which a co-heir disposes of his share must be notarially recorded .
=S=> BGB 2033. 2 A co-heir may not dispose of his share in the individual objects of the estate .
=U4= Sec2034 -- Section 2034 Right of preemption as against seller
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=S=> BGB 2034. 1 If a co-heir sells his share to a third party , the other co-heirs have a right of preemption .
=S=> BGB 2034. 2 The period for exercising the right of preemption is two months . The right of preemption is inheritable .
=U4= Sec2035 -- Section 2035 Right of preemption as against buyer
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=S=> BGB 2035. 1 If the share sold has been transferred to the buyer , the co-heirs may exercise against the buyer the right of preemption to which they are entitled under section 2034 against the seller . The right of preemption as against the seller expires upon the transfer of the share .
=S=> BGB 2035. 2 The seller must inform the co-heirs of the transfer without undue delay .
=U4= Sec2036 -- Section 2036 Liability of buyer of share of the inheritance
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=S=> BGB 2036 Upon the transfer of the share to the co-heirs , the buyer is released from liability for the obligations of the estate . However , his liability continues to the extent that he is responsible to the creditors of the estate under sections 1978 to 1980 ; the provisions of sections 1990 and 1991 apply with the necessary modifications .
=U4= Sec2037 -- Section 2037 Resale of the share of the inheritance
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=S=> BGB 2037 If the buyer transfers the share to another person , the provisions of sections 2033 , 2035 and 2036 apply with the necessary modifications .
=U4= Sec2038 -- Section 2038 Joint management of the estate
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=S=> BGB 2038. 1 The heirs are jointly entitled to the management of the estate . Every co-heir is obliged to the others to cooperate in measures that are necessary for due management ; the measures necessary for preservation may be undertaken by each co-heir without the cooperation of the others .
=S=> BGB 2038. 2 The provisions of sections 743 , 745 , 746 and 748 apply . The division of the fruits does not take place until the partitioning . If the partitioning is excluded for more than one year , each co-heir may request the division of the net income at the end of every year .
=U4= Sec2039 -- Section 2039 Estate claims
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=S=> BGB 2039 If a claim is part of the estate , the person obliged may perform only to all heirs jointly , and each co-heir may claim only performance to all heirs . Every co-heir may require that the person obliged deposit the thing to be surrendered for all heirs or , if it is not suitable for deposit , delivers it to a custodian to be appointed by the court .
=U4= Sec2040 -- Section 2040 Disposal of objects of the estate , set-off
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=S=> BGB 2040. 1 The heirs may dispose of an object of the estate only jointly .
=S=> BGB 2040. 2 If a claim is part of the estate , the debtor may not set off against it a claim he has against an individual co-heir .
=U4= Sec2041 -- Section 2041 Direct substitution
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=S=> BGB 2041 Whatever is acquired under a right that is part of the estate or as compensation for the destruction , damage or removal of an object of the estate or by a legal transaction relating to the estate is part of the estate . A claim acquired by such a legal transaction is governed by the provision of section 2019 ( 2 ) .
=U4= Sec2042 -- Section 2042 Partitioning
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=S=> BGB 2042. 1 Every co-heir may at any time request the partitioning of the estate , unless sections 2043 to 2045 lead to a different conclusion .
=S=> BGB 2042. 2 The provisions of section 749 ( 2 ) and ( 3 ) and of sections 750 to 758 apply .
=U4= Sec2043 -- Section 2043 Postponement of partitioning
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=S=> BGB 2043. 1 To the extent that the shares of the inheritance are still undetermined because the birth of a co-heir is expected , the partitioning is excluded until the indeterminacy is removed .
=S=> BGB 2043. 2 The same applies to the extent that the shares of the inheritance are still undetermined because the decision on an application for adoption , on the cancellation of the adoption relationship or on the recognition of a foundation created by the deceased as having legal personality is still outstanding .
=U4= Sec2044 -- Section 2044 Exclusion of partitioning
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=S=> BGB 2044. 1 The deceased may by testamentary disposition exclude the partitioning with regard to the estate or individual objects of the estate or make it dependent on a notice period . The provisions of section 749 ( 2 ) and ( 3 ) , and sections 750 and 751 and of section 1010 ( 1 ) apply with the necessary modifications .
=S=> BGB 2044. 2 The testamentary disposition ceases to be effective if thirty years have passed since the date of the devolution of the inheritance . However , the testator may provide that the disposition is to remain effective until the occurrence of a particular event relating to the person of a co-heir or , if he provides for subsequent succession or a legacy , until the occurrence of the subsequent succession or until the devolution of the legacy . If the co-heir in relation to whom the event is to occur is a legal person , the thirty-year period applies .
=U4= Sec2045 -- Section 2045 Postponement of partitioning
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=S=> BGB 2045 Every co-heir may require that the partitioning be postponed until the termination of the public notice procedure admissible under section 1970 or until the expiry of the notification period laid down in section 2061. Where the application for the initiation of the public notice procedure has not yet been filed or the public notice under section 2061 has not yet been issued , the postponement may be requested only if the application is made or the notice is issued without undue delay .
=U4= Sec2046 -- Section 2046 Discharge of obligations of the estate
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=S=> BGB 2046. 1 The obligations of the estate are first to be discharged from the estate . If an obligation of the estate is not yet due or if it is disputed , the amount necessary to discharge the obligation must be kept back .
=S=> BGB 2046. 2 If an obligation of the estate encumbers only a few co-heirs , they may request the discharge to be made only from the part of the estate that accrues to them in the partitioning .
=S=> BGB 2046. 3 For the purpose of discharge , the estate , so far as necessary , is to be converted into money .
=U4= Sec2047 -- Section 2047 Distribution of the surplus
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=S=> BGB 2047. 1 The surplus remaining after the discharge of the obligations of the estate is due to the heirs in the proportion of their shares of the inheritance .
=S=> BGB 2047. 2 Documents relating to the personal circumstances of the deceased or of his family or to the whole estate remain joint property .
=U4= Sec2048 -- Section 2048 Directions by the deceased for partitioning
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=S=> BGB 2048 The testator may by testamentary disposition give directions for the partitioning . He may in particular direct that the partitioning should be carried out by a third party exercising equitable discretion . The decision made by the third party on the basis of the direction is not binding on the heirs if it is evidently inequitable ; the decision is made by judicial decision of a court in this case .
=U4= Sec2049 -- Section 2049 Taking over of a farm
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=S=> BGB 2049. 1 If the deceased directed that one of the co-heirs is to have the right to take over a farm that is part of the estate , then in case of doubt it is to be assumed that the farm is to be reported at its income value .
=S=> BGB 2049. 2 The income value is based on the net income that the farm , in accordance with its economic purpose to date , can give in the long term if properly managed .
=U4= Sec2050 -- Section 2050 Duty to adjust advancements for descendants as heirs on intestacy
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=S=> BGB 2050. 1 Descendants who inherit as heirs on intestacy are obliged to have whatever they received from the deceased during his lifetime as an advancement adjusted in the partitioning between the heirs , unless the deceased directed otherwise when giving the advancement .
=S=> BGB 2050. 2 Contributions that were given in order to be used as income , and expenses for training for an occupation , are to be adjusted to the extent that they exceeded the degree appropriate for the financial circumstances of the deceased .
=S=> BGB 2050. 3 Other gifts inter vivos must be adjusted if the deceased directed adjustment when he made the gift .
=U4= Sec2051 -- Section 2051 Duty to adjust advancements if a descendant does not inherit
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=S=> BGB 2051. 1 If a descendant who would be obliged to adjust advancements as an heir ceases to be an heir before or after the devolution of the inheritance , the gifts made to him must be adjusted by the descendant who takes his place .
=S=> BGB 2051. 2 If the deceased appointed a substitute heir for the heir who ceases to be an heir , then in case of doubt it is to be assumed that the substitute heir should not receive more than the descendant would receive , taking into account the duty to adjust advancements .
=U4= Sec2052 -- Section 2052 Duty to adjust advancements for descendants as heirs by will
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=S=> BGB 2052 If the deceased has appointed the descendants as heirs to what they would receive as heirs on intestacy , or if he has defined their shares of the inheritance in such a way that they have the same proportion to each other as the shares of the inheritance on an intestacy , then in case of doubt it is to be assumed that the defendants are to be obliged to adjust their advancements under sections 2050 and 2051.
=U4= Sec2053 -- Section 2053 Gift to more remote or adopted descendant
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=S=> BGB 2053. 1 A gift that was received from the deceased by a more remote descendant before the closer descendant who excluded him from the succession ceased to be an heir , or by a descendant who took the place of a descendant as a substitute heir , is not to be adjusted unless the deceased directed adjustment when he made the gift .
=S=> BGB 2053. 2 The same applies if a descendant received a gift from the deceased before attaining the legal position of a descendant .
=U4= Sec2054 -- Section 2054 Gift from the marital property
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=S=> BGB 2054. 1 Half of a gift made from marital property under the community of property regime is deemed to have been made by each of the spouses . However , if the gift is made to one descendant who is descended from only one of the spouses , or if one of the spouses must reimburse the marital property for the gift , it is deemed to have been made by that spouse .
=S=> BGB 2054. 2 These provisions apply with the necessary modifications to a gift made from marital property under continued community of property .
=U4= Sec2055 -- Section 2055 Carrying out the adjustment
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=S=> BGB 2055. 1 When the inheritance is partitioned , the value of the gift that each co-heir has to have adjusted is counted towards the share of the inheritance of that co-heir . The value of all the gifts that are to be adjusted is added to the estate to the extent that the estate is due to the co-heirs among whom the adjustment takes place .
=S=> BGB 2055. 2 The value is assessed according to the time at which the gift was made .
=U4= Sec2056 -- Section 2056 Excess gifts
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=S=> BGB 2056 If a co-heir has received more in the gift than he would be entitled to on partitioning , he is not obliged to pay out the surplus . In such a case , the estate is divided between the other heirs in such a way that the value of the gift and the share of the inheritance of the co-heir are excluded from the adjustment .
=U4= Sec2057 -- Section 2057 Duty of information
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=S=> BGB 2057 Every co-heir is obliged , on request , to give the other co-heirs information on the gifts that he is to have adjusted under sections 2050 to 2053. The provisions of sections 260 and 261 on the obligation to make a declaration in lieu of an oath apply with the necessary modifications .
=U4= Sec2057a -- Section 2057 Duty of information
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=S=> BGB 2057a. 1 A descendant who , as a result of work over a long period in the household , occupation or business of the deceased , of substantial financial contributions or in another way has to a particular degree contributed to the preservation or increase of the property of the deceased , may , in the partitioning , demand adjustment between the descendants who inherit as heirs on intestacy together with him ; section 2052 applies with the necessary modifications . This also applies to a descendant who cared for the deceased for a long period , giving up employment income . BGB 2057a. 2 An adjustment may not be demanded if appropriate payment was made or agreed for the work , or to the extent that the descendant , on account of his work , has a claim on another legal basis . It does not conflict with the duty to adjust advancements if the work was done under sections 1619 and 1620. BGB 2057a. 3 The adjustment amount is to be assessed in such a way as is equitable with regard to the duration and scope of the work and to the value of the estate . BGB 2057a. 4 In the partitioning , the adjustment amount is added to the share of the inheritance of the co-heir entitled to adjustment . All the adjustment amounts are deducted from the value of the estate , to the extent that this is due to the co-heirs among whom the adjustment takes place .
=U3= UTit2 -- Subtitle 2 Legal relationship between the heirs and the creditors of the estate
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=U4= Sec2058 -- Section 2058 Joint and several liability
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=S=> BGB 2058 The heirs are liable for the joint obligations of the estate as joint and several debtors .
=U4= Sec2059 -- Section 2059 Liability until division
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=S=> BGB 2059. 1 Until the division of the estate , each co-heir may refuse the discharge of the obligations of the estate from the property that he has apart from his share in the estate . If he has unlimited liability for an obligation of the estate , he does not have this right with regard to the part of the obligation that corresponds to his share of the inheritance .
=S=> BGB 2059. 2 The right of the creditors of the estate to demand satisfaction from all the co-heirs from the undivided estate is unaffected .
=U4= Sec2060 -- Section 2060 Liability after division
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=S=> BGB 2060 After the division of the estate , each co-heir is liable only for the part of an obligation of the estate that corresponds to his share of the inheritance . if the creditor is excluded in the public notice procedure ; in this respect , the public notice also extends to the creditors set out in section 1972 and to the creditors towards whom the co-heir has unlimited liability ; if the creditor asserts his claim more than five years after the date determined in section 1974 ( 1 ) , unless the claim became known to the co-heir before the expiry of the five-year period or was notified in the public notice procedure ; the provision does not apply to the extent that the creditor under section 1971 is not affected by the public notice ; if estate insolvency proceedings have been instituted and have been terminated by distribution of the insolvency estate or by an insolvency plan .
=U4= Sec2061 -- Section 2061 Public notice to the creditors of the estate
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=S=> BGB 2061. 1 Every co-heir may publicly request the creditors of the estate to notify their claims within six months to him or to the probate court . If the public notice has been given , then after the division every co-heir is liable only for the part of a claim corresponding to his share of the inheritance , unless the claim was notified before the end of the period or he knows of the claim at the time of the division .
=S=> BGB 2061. 2 The public notice must be published in the Federal Gazette [ Bundesanzeiger ] and by the newspaper selected for the notices of the probate court . The period begins on the last insertion . The costs are borne by the heir who issues the public notice .
=U4= Sec2062 -- Section 2062 Application for administration of the estate
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=S=> BGB 2062 The order of the administration of the estate may be applied for only jointly by the heirs ; it is excluded after the estate has been partitioned .
=U4= Sec2063 -- Section 2063 Filing of an inventory , limitation of liability
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=S=> Division 3 Will
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