Inheritance tax: the most important regulations
For many heirs, grief, joy and sorrow are closely linked. When you inherit a house, this process is always linked to a painful, emotional loss. After some time, a slight joy spreads and you realize that you are a homeowner. At the same time comes the worry that the tax office will demand inheritance tax from you and that you will only be able to pay this amount if you sell the house.
The amount depends on your degree of relationship to the deceased. Spouses can inherit real estate up to 500,000 euros, children up to 400,000 euros tax-free. To ensure that you also do not pay speculation tax, you should consider whether you would like to live in the inherited house yourself if it was acquired less than 10 years ago.
Calculate inheritance tax
The calculation of inheritance tax is best explained with an example. If you have inherited a property with a calculated market value of 300,000 euros from your parents, you generally do not pay inheritance tax. The same also applies if the house is transferred to you in the form of a gift during your parents’ lifetime. As your tax-free amount is 400,000 euros, you can inherit another 100,000 euros in cash or other assets in addition to the house and also not have to pay inheritance tax.
If you wish to occupy the inherited property yourself, there is generally no inheritance tax to pay. Based on the market value, which we will be happy to calculate for you even if you plan to use the property yourself, you will find out how much money you will save by using the house or apartment independently. In the case of a tax-free inheritance with a focus on the owner-occupation of the property, there is a special feature.
You can only inherit free of inheritance tax if it is a non-rented property with a living area of less than 200 square metres.
More information about inheritance:
Properties inherited in community pose a particular difficulty when selling. Within the framework of a community of heirs, there are several owners in the land register. This circumstance has a detrimental effect on the interest of potential buyers and makes the sale process more difficult. There is a solution to simplify the settlement and at the same time provide for a clear guideline of all heirs with equal rights. The settlement of an estate refers to the dissolution of a community of heirs, which is carried out on the basis of clear contractual regulations and is not bound by any particular form. Everything you need to know about inheritance settlement.
Community of heirs
From practice it is known that a community of heirs rather rarely agree. But from the disagreement and open disputes in relation to a real estate inheritance arise losses that you can avoid with prudence. Avoid conflicts about the estate by consulting an estate agent and finding the best way with support. If the will does not provide otherwise, all co-heirs are equally entitled and obliged. This means that a sale is often the best solution and gives you the opportunity to divide the proceeds of the estate between all the co-heirs, thus avoiding the problem of an inheritance dispute. Learn more about the community of heirs.
Certificate of inheritance
You are registered in the will as the sole heir of the parental home. If the will is notarised and legally valid, your inheritance will not be challenged. Nevertheless, without an additional certificate of inheritance, you will face a problem at the latest if you become the owner of the property as a result of the correction in the land register and wish to sell it on, for example. You should have a certificate of inheritance issued irrespective of the will and thus protect yourself when inheriting houses or apartments. Everything about the certificate of inheritance.
Partition auction in communities of heirs
The partial auction is a special variant of the forced sale and is used when several persons have ownership of a thing. This often involves a plot of land or a property that is auctioned off and the proceeds divided among the owners. This situation often occurs in communities of heirs whose estates include real property or land. In a community of heirs, the heirs share ownership of the estate property. Accordingly, each of them can dispose of his or her own share, but of the entire property only in agreement with the others. Everything about the partition auction.
An inheritance does not primarily mean wealth and new possessions. An inheritance is often burdened with debts and means a great deal of responsibility for the heirs. After death, the heirs not only take over the assets, but also the rights and obligations of the deceased. If this includes debts, the heirs are also liable for them with their private assets. If an inheritance occurs, the inheritance should be carefully examined and checked for debts. Learn more about inheriting debts.
The estate can be disclaimed by any heir. This is particularly important if the inheritance is overindebted or if, for example, dilapidated real estate is part of the inheritance. However, a disclaimer requires certain forms and deadlines that must be observed. Precise information about the assets and debts of the testator is therefore extremely important. The right advice is the key to success in such a case. Everything about the inheritance.
The law of succession comes into force if there is no will. This regulates who receives the assets of the deceased after a death and how this is done. Communities of heirs can be formed if there are several heirs and the estate passes into their possession. Communities of heirs are automatically formed after the death of the deceased if there are multiple heirs. These must then divide the estate among themselves and make joint decisions about inherited property, such as real estate. If you want to decide for yourself which relatives inherit which property, you should draw up a will and regulate everything in detail. Learn more about inheriting without a will.
The compulsory portion is an important topic for disinherited relatives, because they still have certain claims to the inheritance. However, in order to claim this correctly and to comply with the formalities, a number of things must be observed. The share always depends on the other heirs and the amount of the estate. Read more about the compulsory portion of the inheritance now.
Allowances for inheritance
In order to protect the heirs from a large financial burden, different tax rates and allowances apply depending on the degree of relationship. These allowances include various things that do not have to be taxed, so that the heirs do not have to hand over the most as taxes, especially in the case of a large estate. Everything on the subject of tax allowances!