Clearing and selling your parents' house: the right order

Not without asking first. In the Canton of Zurich, the tax office takes an official inventory within two weeks of a death. Usually the last municipality of residence is responsible.⁵ It is skipped only if no wealth is presumed. Until the inventory, heirs may only dispose of the estate with the tax office’s consent. It can also seal rooms at once.⁵

The law says «dispose of» without giving examples. To be safe: before the inventory, sell, give or throw away nothing without asking the tax office. Household contents and personal belongings need not be declared in the inventory. Jewellery, art or collections over CHF 10,000 in total must be.⁶ You are still not free to dispose of things.

During the inventory you must provide information and open all rooms and containers.⁵ Anyone who hides estate assets to keep them out of the inventory commits an offence.⁵

What this means for you: a call to the tax office is quickly made. A house emptied too soon cannot be filled again.

On death, assets and debts pass to the heirs. Your parents’ debts become your own.¹ You can disclaim the inheritance within three months of learning of the death. Silence counts as acceptance.¹ Only an heir who has not «interfered» can still disclaim. This means acts that go beyond merely administering the estate. Appropriating or hiding estate items also loses you this right.¹

Whether clearing the house already counts as interference, the law does not say. Professionals also disagree on this point. So before clearing, ask a lawyer or a notary.

If debts are unclear, any heir can request a public inventory within one month. It lists assets and debts officially.¹ After a protective inventory, the deadline to disclaim only starts once its completion is notified. For important reasons, the court can extend it.¹

What this means for you: figures first, then the skip.

The heirs become owners of the house at the moment of death, without doing anything.¹ That does not yet let them transfer it. They can only act in the land register (Grundbuch) once they are registered themselves.² That takes proof of inheritance: the certificate of inheritance (Erbbescheinigung, usually called Erbschein).

In the Canton of Zurich it is issued by the single judge at the district court (Einzelgericht am Bezirksgericht).⁴ The court at the deceased’s last place of residence has mandatory jurisdiction.³ The same court accepts disclaimers and orders the public inventory.⁴ It instructs the notary’s office to carry out inventories and protective measures.⁴

The sale contract with a buyer must be publicly notarised.² All heirs must decide together, unless someone holds a power of attorney.²

What this means for you: allow time for the certificate and the land register before announcing a sale. Then you know the earliest date for the transfer.

Yes. Until the division, the estate belongs to all heirs jointly, as joint ownership (Gesamteigentum). Nobody has a share of the house of their own to sell. Decisions are taken together.² That applies to the house, and to valuable items among the contents. If one parent is still alive, they are usually an heir too. See the page on widowhood.

If someone blocks, any heir can ask the single judge to appoint a representative for the heirs.^{2 4} If a will names an executor (Willensvollstrecker), the executor administers the estate and carries out the division.² The division agreement between the heirs must be in writing.²

For debts such as the mortgage, all heirs are jointly and severally liable, each for the full amount.² This liability outlasts the division unless the bank consents. It expires five years after the division, or after a later due date.²

What this means for you: talk early about goals and timing. More on the page about joint heirs.

Only partly. Every building in the Canton of Zurich must be insured with the cantonal building insurer (Gebäudeversicherung, GVZ). The cover is tied to the building, not the person, and continues through the inheritance.⁸ All heirs owe the premium jointly and severally.⁸

But the building insurer only covers fire, natural hazards such as storm, hail or flooding, and earthquakes. The law expressly excludes frost damage.⁸ If a water pipe bursts in a cold house, that is never a case for the building insurer. At most, a private building water-damage policy pays, if one exists. What it requires for empty houses is set out in its terms.

Two further duties apply: report any increase in risk within one month, and keep the building properly maintained.⁸ Whether a long vacancy counts as an increased risk, the law does not expressly say. If in doubt, ask.

What this means for you: do not switch the heating off completely, find your parents’ policies, call the insurer.