The German estate includes a house. The family wants to sell it, and a testamentary executorship has been ordered. Now one heir organises viewings and assumes that all heirs only have to sign the later contract together. This assumption should be checked before a sales mandate is given. The role of the heir and the powers of a testamentary executor (Testamentsvollstrecker) are different starting points.
Determine the ordered scope first
§ 2205 BGB assigns the administration of the estate to the testamentary executor and specifically mentions taking possession of and disposing of estate items. It also contains a limit for gratuitous dispositions. [BGB-2205] Which specific person may act to what extent does not follow from the mere family designation “executor”.
§ 2208 BGB takes into account restrictions according to the testator’s will and the case that only individual items are under administration. [BGB-2208] For the house, the actual order must therefore be read with the necessary evidence. This article does not perform a full estate examination including special testamentary arrangements.
Do not confuse ownership with power of disposal
§ 2211 paragraph 1 BGB excludes a disposition by the heir over an estate item that is subject to the administration of the testamentary executor. [BGB-2211] Therefore the organisational question “Which of the heirs is available for the appointment?” is not sufficient as preparation.
Our editorial recommendation: Have the responsible inheritance-law and notarial advice expressly record who prepares the specific transaction, who makes the necessary declarations and which proofs are required for execution. The article does not declare any existing power of attorney or contract signature to be valid or invalid.
A fabricated assignment with the wrong initial role
A co-heir receives the keys and collects documents. He already discusses a sales mandate with an office. Only afterwards does it become known that the house is subject to an ordered testamentary executorship. The previous practical tasks alone do not prove his legal authority for all further steps.
The parties therefore present existing mandates, declarations and estate documents in full for review. Afterwards the sales route is organised with the actually responsible persons. A backdated or merely renamed working note does not replace this clarification.
Combine property work and estate decision
Even a correctly represented sale needs a comprehensible property status. Technical documents, existing uses and known open questions are collected, without the collecting person thereby automatically being allowed to make every decision.
Record professionally confirmed roles and practical tasks alongside each other. Who receives an incoming offer? Who checks the scope of the purchase? Who passes relevant new information on to the notary? The information should actually reach the responsible office, rather than remain in separate family and administrative folders.
Do not preallocate the proceeds privately
The disposal of the house and the later handling of the estate must be examined separately. This article does not calculate distribution, remuneration of the executor or tax. Collect relevant questions for the estate consultation before planning with a lump-sum freely available amount.
The central preparation is complete when the specific order, the affected property and the proven authority match. Then the family can cooperate factually, without their practical help being covertly reinterpreted into a legally unresolved sales role.