Buying Property from an Estate: Disposal, Devolution and Court Approval

If the property belongs jointly to several heirs, they can only sell by agreement. All co-heirs must consent to the sale and sign the contract or appoint a representative. If the consent of one co-heir is missing, title cannot be effectively transferred.

Before signing, have it checked whether all entitled persons are covered and whether the proceedings are already concluded. How shares of several owners take effect is explored in the post on buying an undivided co-ownership share.

As long as it is unclear who may dispose of the property, the basis for an effective purchase is missing. Before devolution the estate disposes through the entitled heirs, afterwards the heir to whom the estate has devolved. Have the power of disposal and the stage of the proceedings clarified before any binding step.

A purchase from the wrong party does not lead to title and the purchase price would have flowed without a secured counter performance. Booking an initial consultation (72 euro) helps with the classification.

If the selling heir is already registered as owner in the land register after devolution, the starting position is clear. They can sell like any owner. Even so, watch for any encumbrances, compulsory share claims or conditions from the proceedings, which may be apparent in the land register or the documents.

Check the land register status and the estate documents carefully. How to classify entries is shown in the post on reading the land register extract.

If the heir is not yet registered as owner and relies only on the devolution order, the sequence of registrations is decisive. The heir must first register their title or the registration must be cleanly dealt with in the course of the purchase, so that you acquire effectively.

Have the contract drafted so that the registrations take place in the right order and the purchase price flows via escrow only after a secured registration. How title enters the land register is shown in the post on the declaration of consent and registration.

If the estate sells before devolution, the heirs who have declared acceptance must dispose and, as a rule, the probate court must approve. If both are governed and provided for as a requirement of the handling, the acquisition is secured. The approval belongs in the contract as a condition precedent.

Align the escrow handling with it, so that the purchase price flows only once the approval is in place and registration is secured. That way the buyer does not pay without a secured counter performance.

If before devolution it is not clarified who disposes for the estate and whether the court approves, the acquisition may fail. A contract without these foundations cannot be registered and the purchase price would have flowed without a secured counter performance. Have representation and approval clarified before you bind yourself.

Because the requirements depend on the individual case, an early review is advisable. Booking an initial consultation (72 euro) clarifies the route via the probate proceedings.