Selling a House After the Death of a Spouse in Berlin
The joint house is suddenly too big, too expensive, or too full of memories. At the same time, deadlines are approaching, the bank is asking questions, and the children are often co-heirs. This page clarifies what is important now – and what you can confidently leave to others. To us, for example.
Reihenfolge
What's Important in the First Few Weeks
- 1
Multiple Certified Copies of the Death Certificate
The bank, insurance companies, land registry office (Grundbuchamt), probate court (Nachlassgericht), and pension insurance – everyone wants an original. Order eight to ten copies directly from the registry office (Standesamt).
- 2
Find and Submit Will or Marriage Contract
Wills must be submitted immediately to the probate court (Nachlassgericht) (for Berlin: Amtsgericht Schöneberg). A 'Berliner Testament' usually appoints the surviving spouse as the sole heir – in which case the children are only final heirs and not involved in the sale.
- 3
Clarify Succession
Without a will, in a community of accrued gains (Zugewinngemeinschaft), you inherit half, and the children inherit the other half – including minors. You then form a community of heirs (Erbengemeinschaft) with the children, which can only sell jointly.
- 4
Inform Bank, Secure Accounts
Joint accounts remain usable, while individual accounts of the deceased will be blocked. Report the death to the credit institution and enquire about any remaining debt and the fixed interest period. Check if a term life insurance policy repays the loan.
- 5
Certificate of Inheritance or Probate of Will
For the land register correction, you need a certificate of inheritance or a notarised will with a probate certificate. For a private Berliner Testament, a certificate of inheritance is necessary – the current duration in Berlin is usually two to four months.
- 6
Have the land register rectified.
Fee-free within two years. We prepare the application. Without correction, the buyer cannot be registered as the owner.
- 7
Declare inheritance tax – and know the exemptions.
Deadline: three months. As a spouse, you have a €500,000 tax-free allowance plus a maintenance allowance of €256,000. The family home is additionally tax-free if you continue to live in it for ten years – selling before this period can forfeit the exemption. This is precisely where a tax advisor's advice before making a decision can be valuable.
- 8
No rush with the decision.
The property will not lose value because you take three months to think. Have it valued, calculate the options, and then decide.
Stay, downsize, or sell and rent out?
Many widowed individuals stay too long in a house that is too large, too expensive to maintain, and too empty in winter – because moving out feels like a second farewell. Without pressure, we calculate three paths: Staying (maintenance, property tax, upkeep, remaining debt), selling and buying an accessible property, or selling and renting. Often it shows that a sale at market value in Berlin releases assets that mean security for decades.
If the children are co-heirs.
Without a will, your children will be in the land register once it is corrected. A sale can then only be made unanimously. In the case of minor children, the family court must also consent to the sale – which takes several weeks. We facilitate family discussions with a neutral valuation as a basis and organise notarised powers of attorney so that no one has to travel from abroad.
The loan after the death.
The loan agreement continues; you step in as the heir. If both spouses were borrowers, you are fully liable anyway. Upon sale, the remaining debt is repaid from the purchase price. If the fixed interest period is still running, an early repayment penalty will be incurred – many banks are accommodating in cases of death if you ask. We ask.
Capital Gains Tax: usually not an issue.
The ten-year period continues from the original purchase by both of you. And even within this period, an owner-occupied house is tax-free. Caution is only advised for a rented property that was purchased recently.
Zeitplan
Realistic timeline
- 4–8 weeks
Phase 1
Grief & Formalities.
Death certificates, submit the will, bank, insurance, inheritance tax declaration.
- 2–4 months.
Phase 2
Proof of inheritance.
Apply for a certificate of inheritance or await the probate of the will. In parallel: valuation and consultation.
- as long as you need.
Phase 3
Decision
Calculate the options, speak with the family, involve a tax advisor.
- 3–5 months.
Phase 4
Sale.
Land register correction, marketing, notary, purchase price payment, handover.
Unsere Rolle
What we can take off your hands.
You should not be occupied with authorities, portals, and strangers in your living room during this time.
Prepare administrative procedures.
Land register correction, application for a certificate of inheritance, documents from the building authority – we complete the applications, you sign.
Valuation without pressure.
A detailed market valuation. It is valid for six months; you do not have to decide immediately.
Involve the family.
For communities of heirs involving children, we explain the figures to everyone, obtain powers of attorney, and coordinate the consent of the family court.
Considerate viewings.
We personally conduct every appointment, grouped on one to two days, when you are not at home. Personal items are put out of sight beforehand.
Coordinate household clearance
Vetted companies, fair offers, appointments after the handover. What you wish to keep will be secured beforehand.
Finding a follow-up home.
Upon request, we help with the search for an accessible apartment in your Kiez – purchase or rent – and coordinate the appointments.
Vermeiden
What you should not do.
Sell under pressure to an 'instant buyer'.
Purchasing companies specifically target widowed individuals and pay 15-25% below market value. A regular sale only takes a few months longer.
Overlooking the family home exemption
If you move out within ten years, you may lose the tax exemption – except for compelling reasons such as requiring care. Have it calculated beforehand.
Marketing without a certificate of inheritance (Erbschein)
Buyers back out if the transfer of ownership takes months. Proof of inheritance first, then advertise.
Trying to handle everything alone
Children, friends, tax advisors, real estate agents – those who delegate tasks make better decisions.
Frequently asked questions
After a loss
First a conversation, then a plan – at your pace.
Write to us when it suits you. We will get in touch personally and without sales pressure.