Who represents a minor child in the community of heirs?

As a rule its parents. For selling or encumbering the inherited house they need the family court’s approval (section 1643 BGB); the mere division has been approval-free since 2023 — and if a parent is also a co-heir, a supplementary curator for the child.

When is a supplementary curator appointed?

Whenever the parents may not represent the child because of a conflict of interest — typically because a parent is also part of the community of heirs. The family court then appoints a neutral person solely for the child’s concerns (section 1809 BGB).

Can a guardian sell the inherited house alone?

No. For the sale or encumbrance of the property her power of representation does not suffice — she needs the approval of the guardianship court (section 1850 BGB). The court checks whether the decision matches the supervised person’s interests.

What is a will protecting a disabled heir?

A carefully drafted disposition that secures a disabled person’s inheritance so it benefits them without the welfare authority drawing it in (cf. section 93 SGB XII). This is demanding inheritance law and belongs in the hands of a specialist lawyer.

Knowledge · Community of heirs & property

When a child or a supervised relative is a co-heir

If a minor child or an adult under legal guardianship belongs to the community of heirs, the law protects them especially. The family then cannot decide about the inherited house alone — a court looks on too. That takes longer, but for a good reason.

As at: June 2026 · ← back to the guide

The answer first. A minor child is represented by their parents, a supervised adult by their guardian. But where the inherited house and the division of the estate are concerned, these representatives may not act freely: selling or encumbering the property needs the approval of the family or guardianship court (section 1643 BGB, section 1850 BGB). This extra loop slows the agreement — yet it protects the one who cannot defend themselves. Whoever plans for it early loses no time, but gains calm.

The minor child: parents represent, the court approves

A child under eighteen cannot act with legal effect themselves. In the community of heirs their parents therefore represent them. For simple matters that is enough. But where the inherited house is concerned — a sale or an encumbrance — the parents need the approval of the family court (section 1643 BGB); the mere division of the estate has been expressly approval-free since the 2023 reform (section 1643 (3) sentence 2 BGB). The court does not check whether the decision is convenient, but whether it serves the child’s welfare. This review takes weeks, sometimes months; plan it as a fixed step, not as a tiresome hurdle at the end.

When a parent is also a co-heir: the supplementary curator

Often a child inherits together with the surviving parent — both then belong to the same community of heirs. Here the parent can no longer represent the child, because their own interests and the child’s stand opposed. For this conflict of interest the family court appoints a supplementary curator (Ergänzungspfleger), who alone looks after the child’s concerns (section 1809 BGB). This is no distrust of the parents, but a sober safeguard: in the division no one should decide about the child’s concerns in their own cause. How a community of heirs reaches decisions at all is set out in the guide.

The supervised adult: guardian and guardianship court

If an adult co-heir is under legal guardianship, the appointed guardian represents them in the areas assigned to them. Here too: for the sale or encumbrance of the inherited property their power of representation does not suffice alone — they need the approval of the guardianship court (section 1850 BGB). The court ensures that the decision matches the interests of the supervised person and is not made over their head. For the family this means: count this step in firmly, speak early with the guardian, and obtain the approval before a contract is to be signed.

If a child or relative with a disability who relies on social-welfare benefits inherits, a special question arises: how does the inheritance stay with that person rather than being drawn in by the welfare authority? Here a will protecting a disabled heir (Behindertentestament) helps — a carefully drafted disposition that binds the share so it benefits the heir without the authority reaching it. The authority can in principle transfer claims to itself (section 93 SGB XII); a sound arrangement guards against precisely that. This is demanding inheritance law and belongs firmly in the hands of a lawyer specialising in inheritance — here we only name the path, not the solution.

Supplementary curator (Ergänzungspfleger). A person appointed by the family court who represents a child solely where the parents may not, because of their own involvement — for instance when parent and child belong to the same community of heirs (section 1809 BGB).

Will protecting a disabled heir (Behindertentestament). A carefully drafted testamentary disposition that binds a disabled person’s inheritance so it benefits them without being drawn in by the welfare authority (cf. section 93 SGB XII). A matter for specialist inheritance advice.

This article provides orientation and does not replace legal or tax advice. The court approval and the protective will belong with a lawyer specialising in inheritance or a notary; tax questions are for a tax adviser; the value of the house is determined by a qualified appraiser.

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Who represents a minor child in the community of heirs?: As a rule its parents. For selling or encumbering the inherited house they need the family court’s approval (section 1643 BGB); the mere division has been approval-free since 2023 — and if a parent is also a co-heir, a supplementary curator for the child.
When is a supplementary curator appointed?: Whenever the parents may not represent the child because of a conflict of interest — typically because a parent is also part of the community of heirs. The family court then appoints a neutral person solely for the child’s concerns (section 1809 BGB).
Can a guardian sell the inherited house alone?: No. For the sale or encumbrance of the property her power of representation does not suffice — she needs the approval of the guardianship court (section 1850 BGB). The court checks whether the decision matches the supervised person’s interests.
What is a will protecting a disabled heir?: A carefully drafted disposition that secures a disabled person’s inheritance so it benefits them without the welfare authority drawing it in (cf. section 93 SGB XII). This is demanding inheritance law and belongs in the hands of a specialist lawyer.