It frequently happens that an inheritance occurs and the whereabouts of one or more co-heirs are unknown. Since German inheritance law stipulates that the settlement of an estate must be carried out jointly by all heirs, the known heirs often face considerable difficulties.
While an individual heir can apply for a certificate of inheritance proving their legal status, an unknown co-heir becomes a real problem when it comes to the settlement and distribution of the estate.
Several co-heirs can only dispose of estate assets jointly. For example, closing an estate account or selling real estate requires the consent of all co-heirs. However, if one co-heir emigrated years ago and there is no longer any contact, the remaining heirs find themselves in a difficult situation. “In such cases, the court can appoint a so-called estate administrator,” explains lawyer István Cocron.
Estate administrator or administrator for absent persons?
The case of an unknown heir’s whereabouts is generally not a matter for an estate administrator. An estate administrator is only appointed if an heir is unknown. If, however, only the whereabouts of a known heir cannot be determined, the appointment of an estate administrator is inadmissible. Instead, a guardian for absent heirs is appointed.
Responsibility
The appointment of a guardian for an absent person is the responsibility of the guardianship court, not the probate court. However, both are independent departments within the local court.
Tasks of the absentee guardian
The court-appointed administrator for an absent heir represents the interests of the unknown heir in the administration of the estate. However, their scope of action is limited. They may only take measures necessary to secure, preserve, and properly manage the estate. The administrator is obligated to preserve the estate in the interest of the absent heir.
The sale of estate assets is only permissible if it results in losses or if the proceeds are needed to settle the deceased’s debts. If the administrator of an absent estate sells assets below market value, they can be held liable. Important decisions must be reserved for the affected co-heir if their whereabouts are later determined. “The administration of the estate ends as soon as the heir’s whereabouts are known or it is unequivocally established that the heir is no longer alive,” says attorney Cocron.
