Law & inheritance
Community of Heirs (Erbengemeinschaft)
Also known as: Erbengemeinschaft · co-heirs · joint heirs Switzerland · joint ownership of an estate
A community of heirs (Erbengemeinschaft) is formed automatically under Swiss law the moment two or more people inherit the same estate. The heirs own the estate jointly rather than in separate shares, so they can only act together — which means a clearance needs the consent of every heir, or of an appointed executor (Willensvollstrecker).
The unanimity principle
The community of heirs is a Gesamthandschaft — joint ownership in its strictest form. The estate belongs to all heirs together, not in divisible shares. No single heir may dispose of any individual object on their own, not even the one they «always wanted». As a rule, decisions require unanimity.
For a clearance this has a very practical consequence: the order must be backed by every heir. We ask for that confirmation in writing, or we work with one person who holds a written power of attorney (Vollmacht). This protects both sides — us against liability claims, the heirs against accusations from within the family.
When the heirs cannot agree
Deadlock is common, especially among siblings where old conflicts are still in play. There are three ways out: a power of attorney given to one heir or to an outside person; the appointment of a representative of the community of heirs (Erbenvertreter) by the competent authority; or an estate division agreement (Erbteilungsvertrag) that settles who receives what.
Bear in mind that waiting costs money. As long as nothing is cleared, the rent keeps running or the property stands unused. With a rented property that adds up to several thousand francs within months.
How a clearance is handled in practice
The approach that works: first, every heir gets the chance to view the property and pick out what they want, within a clearly stated deadline. Whatever someone intends to take is written on a list and countersigned by all heirs. Next, items of value are appraised, and the proceeds from resale flow into the estate. Only then is the property cleared.
We document the whole process with photographs and an itemised list of everything sold or recycled — that is the basis on which the heirs can settle accounts with each other afterwards.
A case from our work
Four siblings inherit a house in Küsnacht. Two want to clear it quickly, one lives abroad, one blocks the process. After eight months of standstill — with running costs of roughly CHF 1,900 per month — three of them give a lawyer power of attorney as representative of the community of heirs. The clearance goes ahead, every item sold is documented individually, and the proceeds are paid into the estate.
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Frequently asked questions about Community of Heirs (Erbengemeinschaft)
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