Taking legal action to claim a compulsory share if heirs fail to pay

The claim has been lodged, and often there isn’t even a dispute over the amount. Nevertheless, no money has been received yet. Enquiries are met with silence or a statement that sounds conciliatory but commits to nothing. Sometimes they say the money will come once the house has been sold. Sometimes they claim there is none available at the moment, but that instalments could be discussed. And sometimes, all of a sudden, the invoice is said to be incorrect.

Such excuses are not always merely a tactical ploy, as the estate is often genuinely tied up in a property. An heir who wishes to keep it must first raise the money. However, this does little to change your situation. Your claim is long overdue, and every month that passes without payment is at your expense.

It is possible to say quite precisely how long it is worth waiting and at what point only a court can help. The route of taking legal action is longer and more expensive than many people hope. However, it does lead to an enforceable judgement, and it is only with this document that money can be recovered, even against the heir’s will.

Key points at a glance

• The compulsory share is due from the date of death, even if the sale of a house is planned. A deferral is granted only in cases of hardship and only upon application to the court.
• Following a reminder, the heir is liable to pay interest on arrears at a rate of five percentage points above the base rate. Since 1 July 2026, this has been 6.52 per cent per annum.
• Instalment payments are only of any value if they are agreed in a notarised, enforceable form and are secured, for example, by a land charge. Otherwise, at the first default, the whole process starts all over again.
• A default judgement is the quickest way to obtain a judgement if the heir does not dispute the amount but simply fails to pay. If there is a dispute over the amount, bringing a claim is the more direct route.
• Since 1 January 2026, the local court has had jurisdiction over claims up to 10,000 euros. Claims for higher amounts must be brought before the regional court, where legal representation is mandatory.
• According to judicial statistics for 2024, it takes an average of 17.5 months for a judgement to be handed down at the Regional Court. If an appeal is lodged, the process takes a good three years.
• Enforcement proceedings may be brought against an heir who fails to pay despite a court judgement, for example through their bank account or the land register. The claim against beneficiaries may still stand in certain circumstances if the estate is truly empty.

Is the heir allowed to defer payment?

In any event, the heir may not delay payment of his own accord. The entitlement to the compulsory share arises upon the opening of the succession and becomes due immediately (Sections 2317 and 271 of the German Civil Code (BGB)). It is up to the heir to decide where to obtain the money. They may only withhold payment of their own accord in very limited exceptional circumstances. This applies in particular to the first three months following acceptance of the inheritance, provided they invoke this right (Section 2014 of the German Civil Code (BGB)). By the time the figures are available, this period has usually long since passed.

„First, the house has to be sold“

This argument is understandable, as in many estates almost the entire estate is tied up in a property. However, it is not a legal ground for deferring payment. You are a creditor with a monetary claim and not a co-owner of the house. It is solely up to the heir to decide whether to sell or mortgage the property in order to pay you. The contribution to the Statutory share in relation to houses and property explains how the value of a property is determined and how the payment can be financed.

In order to obtain a genuine deferral, the heir requires the permission of a court. A deferral is granted only if immediate payment would constitute an unreasonable hardship due to the nature of the estate (Section 2331a of the German Civil Code (BGB)). This would be the case, for example, if the heir would otherwise have to give up the family home in which they live. Your interests are also taken into account in this assessment. The probate court decides on this if the claim is undisputed. In the event of a dispute, the court with jurisdiction is the one hearing the action for the statutory share. The heir must pay interest on the deferred amount, and, at your request, may be required to provide security (Section 1382 of the German Civil Code (BGB)). There are only a few published judgements granting a deferral. A deferral that is merely announced has no legal validity.

„We don't have the money“

Even the argument that there is currently no money available does not exonerate the heir. Like any debtor, they must honour a monetary debt and are, in principle, liable for the compulsory share with their own assets. Although the administration of an estate limits this liability to the estate itself (Section 1975 of the German Civil Code (BGB)), the estate is then realised to pay the creditors, and if necessary, this also includes the property. A house without cash is not an empty estate.

The cost to the heirs of having to wait

The heir is in default if they fail to pay following a reminder (Section 286 of the German Civil Code (BGB)). From that point onwards, they owe default interest at a rate of five percentage points above the base rate (Section 288(1) of the German Civil Code (BGB)). The base rate is revised on 1 January and 1 July each year, and since 1 July 2026 this has amounted to 6.52 per cent per annum. Thus, for a compulsory share of 50,000 euros, approximately 3,260 euros are added each year. For the reminder to be effective, it should unequivocally demand payment and set a deadline. A specific amount should be included as soon as the figures are known. Furthermore, proof of receipt should be provided. In any case, interest at the same rate accrues from the date a claim is served at the latest (Section 291 of the German Civil Code (BGB)). Waiting therefore becomes more expensive for the heir with each passing month.

Should I agree to pay in instalments?

You should only agree to payment by instalments if these have been agreed in a legally enforceable manner and are properly secured. As the heir has no right to partial payments (Section 266 of the German Civil Code (BGB)), you are entitled to refuse. An offer of instalments may nevertheless be sensible, particularly if the money is tied up in the property and you do not wish to completely sever ties with the heir. The problem lies in the formality, as an agreement made by letter or a handshake does not constitute a legal title. If the instalments stop after a year, you will have to take legal action to recover the balance and, a year later, you will be right back at square one.

An instalment agreement is only valid if, firstly, the heir submits to immediate enforcement in a notarial deed (Section 794(1)(5) of the Code of Civil Procedure) and, secondly, security is provided. Such a deed can be enforced in the same way as a court judgement, meaning that no new legal proceedings are required if an instalment is missed. The security must remain valid even if the heir sells the house or further creditors emerge. This usually takes the form of a land charge on the inherited property. The agreement should also provide for interest on the outstanding amount and contain a clause stipulating that, in the event of a missed instalment, the entire remaining debt becomes due immediately. Without such a provision, the remainder would be deferred until the agreed due dates.

The same applies if the heir wishes to have time until the house is sold. Once your mortgage is entered in the land register, your amount is usually paid directly from the purchase price at the time of sale, as the buyer expects the property to be free of encumbrances. In ongoing proceedings, all of this can be included in a court-approved settlement.

Such an agreement has a further advantage, as if the heir acknowledges the claim or makes instalment payments, the limitation period starts afresh (Section 212 of the German Civil Code (BGB)). A refusal to accept the deed and security is also revealing. An heir willing to pay has little to lose by providing security.

When is there no alternative but to go to court?

Legal action becomes unavoidable at the very latest when a payment reminder setting a deadline has expired without payment being made and the heir fails to offer a guaranteed solution. Experience shows that further correspondence achieves little at this stage, as there is now no enforceable title. This could be an enforcement order, a judgement or a court-approved settlement. Only with one of these will you be able to recover your money against the heir’s will.

The timing of taking legal action also depends on the limitation period, as the claim to a compulsory share is subject to a three-year limitation period (Section 195 of the German Civil Code (BGB)). The limitation period begins at the end of the year in which you learnt of the death and were also aware of who the heir is and that you had been disinherited or had received too little (Section 199 of the German Civil Code (BGB)). However, the date on which you should have known this, had it not been for gross negligence, is what counts. A letter of demand does not preserve the limitation period, even if it comes from a solicitor. Negotiations only suspend the limitation period as long as they are conducted in good faith (Section 203 of the German Civil Code (BGB)), and it is often disputed afterwards when they came to an end. Only legal proceedings, such as a payment order or a claim, reliably meet the time limit (Section 204 of the German Civil Code (BGB)). It is therefore better to safeguard the time limit by taking one of these steps at the same time if negotiations are still ongoing in the third year.

Legal proceedings do not necessarily result in a judgement, as many cases end in a settlement once both sides are aware of the court’s view of the matter. At this stage, the main practical question for you is whether you can afford the advance payments and hold out until the judgement is granted.

Is a payment order sufficient, or is legal action required?

A payment order is sufficient as long as the heir does not seriously dispute the amount and simply fails to pay. As soon as the amount is disputed, bringing a claim is the more direct route. And as long as there are still outstanding payments, a staged claim is the way forward.

Order for payment

The order for payment is intended for an heir who remains silent or puts you off, but raises no objection to the payment itself. You can submit the application without a solicitor, regardless of the amount of the claim. The central payment order court for your place of residence has jurisdiction, and the form can be completed online (Sections 688, 689 of the Code of Civil Procedure). In these proceedings, the court does not examine whether the claim is valid. The heir may lodge an objection within two weeks of service, and if they fail to do so, you may apply for a writ of execution. This is equivalent to a default judgement, and you can enforce it without having to provide security (Sections 699, 700, 708 of the German Code of Civil Procedure (ZPO)). Although the heir may still lodge an objection within two weeks, you will already be in possession of the enforcement order by then.

If the heir lodges an objection, the matter is, upon application, referred to the court which would have jurisdiction over a claim, and is then dealt with there in the same way as ordinary legal proceedings (Sections 696 and 697 of the Code of Civil Procedure (ZPO)). This results in a delay of several weeks, but the fee for the order for payment is credited. At the same time, the order for payment suspends the limitation period (Section 204(1)(3) of the German Civil Code (BGB)). This is subject to the condition that the claim is clearly specified in the application, for example as a compulsory share following the death of a person named in the application.

Action for payment

An heir may, for example, dispute the amount by valuing the house at a lower figure or citing debts of which you are unaware. An objection to a payment order is then likely, and it is better to take legal action straight away. The claim specifies the statutory share and sets out the grounds for it. It provides evidence for disputed values, and this often takes the form of an expert’s report. In this way, the dispute is taken directly to the court where it will be decided.

Staged action

A staged claim is appropriate where the inventory contains omissions or individual values have not been determined, and figures are therefore still missing. It is used to seek disclosure, valuation and payment in a single set of proceedings (Section 254 of the Code of Civil Procedure). The claim is not quantified until the figures are available, but the limitation period is suspended from the outset. The cost of this is time, as the stages are decided upon one after the other. In the event that the heirs obstruct the process, there is the option of When the heirs put up a wall. He explains how you can still obtain information and reliable figures.

How does a legal action for a compulsory share proceed?

Once the claim has been filed, the lawyers first exchange written submissions. This is followed by a conciliation hearing and, often, an expert report, before the proceedings conclude with a settlement or a judgement. As the claimant, you will face several decisions along the way, and the first one is made even before the claim is filed.

Which court has jurisdiction?

You may bring a claim at the heir’s place of residence or at the court in whose district the deceased last resided (Sections 13, 27 and 35 of the Code of Civil Procedure (ZPO)). This option is helpful if the family lives in different locations. Subject-matter jurisdiction is determined by the amount involved. Since 1 January 2026, the Local Court has had jurisdiction over claims up to 10,000 euros, whereas the limit was previously 5,000 euros. Interest is not included in this calculation (Section 4 of the Code of Civil Procedure). Claims exceeding this amount are heard by the Regional Court (Sections 23, 71 of the German Courts Act (GVG)). In such cases, both parties must be represented by a solicitor (Section 78 of the ZPO), and a separate chamber is responsible for disputes relating to succession law (Section 72a of the GVG).

Where there are several heirs, they are jointly liable for the compulsory share (Section 2058 of the German Civil Code (BGB)). In such cases, all of them are usually sued, partly because, in an undivided estate, enforcement can only take place against each individual heir on the basis of a valid judgement (Section 747 of the German Code of Civil Procedure (ZPO)).

Until the first appointment

As a rule, the claim is not served until the advance payment for court costs has been made (Section 12 of the Court Costs Act (GKG)). The court may then order a written preliminary procedure. In this case, the heir must indicate within two weeks whether they intend to defend themselves (Section 276 of the Code of Civil Procedure). If they remain silent at this stage, a default judgement will be issued upon application, which is enforceable without the provision of security (Sections 331 and 708 of the Code of Civil Procedure). More commonly, a statement of defence is received, to which your solicitor will reply. It will then take several months before the first hearing takes place.

Conciliation hearing and personal appearance

The oral hearing generally begins with a conciliation hearing (Section 278 of the Code of Civil Procedure). During this, the court discusses the dispute with both parties and sets out its preliminary assessment of the case. It also explores whether a settlement is possible. The court is required to order the parties to appear in person at this hearing, and an unexcused absence may result in a fine (Section 141 of the Code of Civil Procedure). For many, this is the first time in a long while that they have sat face to face with their brother or mother. This can be stressful, but it also offers the best opportunity to resolve the dispute. If the conciliation hearing fails, the hearing usually follows immediately afterwards (Section 279 of the German Code of Civil Procedure (ZPO)). If the journey is a long one, an application may be made to participate via video link, and the court will decide on this (Section 128a of the ZPO).

Expert report

The court commissions an expert report when there is a dispute over a value. It usually requires the party responsible for proving that value to pay the advance costs. In the case of a compulsory share, this is usually the claimant. The advance payment for a property valuation is often several thousand euros. In many cases, it takes months for the report to be produced. Both parties may then raise objections and request that the expert explain their findings at a hearing (Section 411 of the Code of Civil Procedure).

Settlement, judgement and appeal

A court-approved settlement is in itself an enforceable title, and may be enforced without the need to provide security (Section 794(1)(1) of the Code of Civil Procedure). It is also possible to agree on instalments, including a land charge, which could not have been obtained out of court. Any settlement offer must be assessed against what a judgement would realistically yield and how long it would take to reach that point. This assessment is the most important decision in the entire proceedings, and it is up to you.

The losing party may lodge an appeal against a judgement within one month of service and must set out the grounds for the appeal within two months of service (Sections 517 and 520 of the Code of Civil Procedure (ZPO)). Since 1 January 2026, this has been subject to the condition that the amount in dispute exceeds 1,000 euros or that the court allows the appeal (Section 511 of the Code of Civil Procedure). The Regional Court then rules on judgements of the Local Court, and the Higher Regional Court has jurisdiction over judgements of the Regional Court. An appeal that clearly has no prospect of success may be dismissed by order without an oral hearing (Section 522(2) of the Code of Civil Procedure).

How long does it take to receive the money?

The duration ranges from a few weeks in the best-case scenario to several years in the worst-case scenario. It depends primarily on whether the amount is disputed and whether the case goes to a second instance.

Stage	What happens	Realistic duration
Reminder with a deadline	Request to pay the amount, followed by notice of default	A period of two to four weeks is standard
Debt collection proceedings	Order for payment; if no objection is lodged, an enforcement order	Just a few weeks to go until the title is decided
Legal proceedings at the magistrates’ court	Claims up to 10,000 euros	on average, 8.8 months until a judgment is handed down in a disputed case
Legal proceedings at the Regional Court	Claims exceeding 10,000 euros, often accompanied by expert reports	on average, 17.5 months until a judgment is handed down in a disputed case
Appointment	second instance, following a judgement by the Regional Court and before the Higher Regional Court	On average, it takes a good three years from the time a case is brought before the Regional Court until the appeal judgement is handed down
Enforcement	Account, Land Register, Auction	Accounts are seized within a few weeks; it is not uncommon for a year to pass before the auction date

The figures for local and regional courts are taken from the judicial statistics of the Federal Statistical Office for the reporting year 2024 and apply to civil proceedings as a whole. The figure for appeals is based on an analysis of the same statistics. As there are no comparable figures for order for payment proceedings and enforcement, the figures given there are based on experience.

Behind these average figures lies a wide range, as a settlement at the first hearing can significantly shorten the proceedings. An expert report followed by a dispute over the outcome, on the other hand, prolongs the process by months. Even after the judgement has been handed down, time still passes, as a judgement does not automatically constitute a payment order. Only then does enforcement begin, should the heir fail to pay voluntarily.

This means that your personal circumstances, rather than legal grounds, will determine how long you can wait. In the article Get your statutory share paid out quickly The question is where time can be saved along the way, and when it is instead worth selling the entitlement.

How much does a claim for a compulsory share cost?

The costs of a claim for a compulsory share depend primarily on the amount claimed, as this determines the court and lawyers’ fees. A large proportion of these costs is due long before any money changes hands. Unless an advance payment has been made towards the court fees, the court will not usually serve the claim (Section 12 of the Court Fees Act). Your solicitor may also require an advance payment, and a separate fee will be charged for an expert report. Ultimately, the losing party bears the costs of the legal proceedings, including the opposing party’s statutory solicitors’ fees (Section 91 of the Code of Civil Procedure). In the event of a partial success, these costs are apportioned in proportion to the extent of the success and failure (Section 92 of the Code of Civil Procedure). A 50–50 outcome therefore means that each side bears approximately half the costs. A settlement significantly reduces court fees. Legal aid is available for those on low incomes and with limited assets, provided the claim has a reasonable prospect of success (Section 114 of the Code of Civil Procedure). There is a separate article covering the figures in euros, what it really costs to claim your statutory share. It is possible to pursue legal proceedings even without having any money of one’s own, as the article explains Financing an inheritance dispute shows.

What should you do if the heir fails to pay despite the court judgement?

Enforcement proceedings are then the only remaining option, and the appropriate course of action depends on what assets are available from the heir. Any enforcement requires a title bearing an enforcement clause, which must be served on the heir (Sections 724 and 750 of the Code of Civil Procedure).

Until the judgement becomes final

A judgement for more than 1,250 euros is, as a rule, provisionally enforceable only against security until it becomes final (Sections 708, 709 of the Code of Civil Procedure (ZPO)). The court often sets this at 110 per cent of the amount to be enforced. Security is usually provided in the form of a bank guarantee. The reason for this is the risk that the next court of appeal may set aside the judgement. In that case, you must repay the amount and compensate for any loss caused by the enforcement (Section 717 of the German Code of Civil Procedure (ZPO)). Without security, only provisional enforcement remains (Section 720a of the German Code of Civil Procedure (ZPO)), which may commence no earlier than two weeks after service of the judgement and the enforcement clause (Section 750(3) ZPO). This allows for the attachment of bank accounts and the registration of a security mortgage; however, any payment will only be made once the judgement has become final or against security. By contrast, no security is required for an enforcement order, a judgement in default or a court-approved settlement.

Account attachment

The attachment of a bank account is usually the quickest method, and the enforcement court will issue an attachment and transfer order upon application (Sections 829 and 835 of the Code of Civil Procedure (ZPO)). From the moment of service, the unprotected balance is frozen for the heir, and the bank will transfer it to you no earlier than one month later. A preliminary attachment is quicker, as the bailiff serves it in advance (Section 845 of the Code of Civil Procedure). The balance is thus provisionally secured, provided the order follows within one month. Both procedures require that you know the bank.

Security mortgage and compulsory sale

A security mortgage may be entered in the land register for claims exceeding 750 euros if the heir owns a property, such as the house they have inherited (Sections 866 and 867 of the Code of Civil Procedure). This secures its priority over subsequent creditors. In the event of a sale, in practice it is redeemed from the purchase price, as buyers and their banks insist on a land register free of encumbrances. If the heir still fails to pay, the mortgage can be used to initiate a compulsory sale without the need for a further title (Section 867(3) of the German Code of Civil Procedure (ZPO)). This procedure is the most effective means, but also the slowest. The process begins with a valuation report, and it is not uncommon for a year to pass before the auction date. The proceeds are first used to pay the creditors who are listed before you in the land register. In most cases, this is a bank.

Statement of assets

Upon your application, the bailiff will summon the heir to provide details of their assets (Section 802c of the Code of Civil Procedure). This will enable you to find out where to claim your money. The heir must fully disclose their assets and confirm the details in a statutory declaration. An arrest warrant may be issued if they fail to appear or refuse to provide the information (Section 802g of the German Code of Civil Procedure (ZPO)). This may also result in their name being entered in the register of debtors (Section 882c ZPO), which will significantly damage their creditworthiness. In the case of claims of 500 euros or more, the bailiff may also obtain information themselves if the details provided by the heir are insufficient or missing. This includes requesting account details from the Federal Central Tax Office (Section 802l of the Code of Civil Procedure).

Detention if assets go missing

The court may order a freezing order even before or during the proceedings if there are concrete indications that the heir is disposing of assets (Sections 916 and 917 of the Code of Civil Procedure). Such an indication would be, for example, if the heir transfers the house to relatives at below market value or closes bank accounts. A seizure order allows accounts and property to be provisionally secured. It is not sufficient for the heir simply to be unwilling to pay; the risk must be substantiated (Section 920 of the Code of Civil Procedure). The attachment must be enforced within one month (Section 929 of the German Code of Civil Procedure (ZPO)), and if it proves to be unjustified, the applicant is liable for any resulting damage (Section 945 ZPO). In clear-cut cases, this is often the only remedy that can be applied in time.

What remains if there really is nothing left in the estate?

As a rule, the heir does not have to pay the compulsory share out of their own pocket if there is genuinely nothing left in the estate. In that case, the only option is to seek recourse from those to whom the deceased made gifts during their lifetime.

If the estate does not even cover the costs of estate administration or estate insolvency proceedings, the heir may refuse to pay, provided that the estate is insufficient (Section 1990 of the German Civil Code (BGB)). They must hand over the remaining balance for enforcement. Claims to a compulsory share are only considered once the ordinary debts of the estate have been settled (Section 1991(4) of the German Civil Code (BGB)). These include, for example, outstanding loans or the deceased’s unpaid bills. The same order of priority applies in estate insolvency proceedings (Section 327 of the Insolvency Code (InsO)). The heir must invoke their right to refuse payment during the proceedings, and the judgment will then include a reservation regarding limited heir liability (Section 780 of the Code of Civil Procedure (ZPO)).

This applies only to an estate that is genuinely insufficient. An heir who is simply short of cash is not covered by this provision. If the estate includes a debt-free house, they will hardly be able to invoke this provision. Furthermore, they are liable for any estate assets that they have used up for their own purposes (Sections 1978 and 1991 of the German Civil Code (BGB)).

A second option arises if the deceased made gifts of assets during the ten years prior to their death. Such gifts are added pro rata to the estate for the purposes of calculation and increase the claim to a supplementary compulsory portion (Section 2325 of the German Civil Code (BGB)). The claim is directed against the donee if the heir is not required to pay the supplement because the estate is insufficient (Section 2329 of the German Civil Code (BGB)). The donee must allow enforcement against the gift to the extent necessary to cover the shortfall. However, they may avert this by paying the amount in question. Where there have been several gifts, the person who received the most recent gift is liable first. However, this claim may also come to nothing if the gift no longer exists and the donee is no longer enriched (Section 818(3) of the German Civil Code (BGB)).

The claim against the recipient of a gift covers only the portion attributable to the gifts. The compulsory share from the estate itself is not included. Furthermore, the time limit is short, as the claim against the recipient becomes time-barred three years after the death, even if you only find out about the gift at a later date (Section 2332 of the German Civil Code (BGB)). You could easily miss this deadline if you wait to see whether there is anything left to claim from the heir.

Who can help when advance payments and waiting times become a problem?

A litigation funder can assume the cost risk. However, you can also sell the claim and thereby bring the matter to a close. Whether a legitimate statutory share is ultimately secured often depends less on the law than on the funds available for advance payments and the patience required to see the case through to a successful outcome.

Normally, the statutory share is claimed from the heirs and paid out without the need for a court or Erbfinanz. It becomes difficult when, although the entitlement is established, the process of obtaining the money requires advance payments and perseverance that not everyone is able or willing to provide. In such cases, Erbfinanz provides support.

With the funded enforcement We assume the financial risk for lawyers’ fees, court costs and expert reports, and if the case is lost, we will also cover the other party’s costs. Our fee is a share of the proceeds, which is fixed before you sign the agreement and is only payable if money is actually received. A specialist solicitor in inheritance law will act as your legal representative, and if you wish, this can be your own solicitor. The Sale of the claim This is an option if a quick sale is more important to you than getting the highest possible price. You will then receive a fixed purchase price below the full value, which will be paid out a few days after the appointment with the solicitor. Once the sale is complete, the risk that no payment will ultimately be made passes to us.

Erbfinanz is part of Indemnis GmbH, based in Munich. A Free enquiry With us, there’s no obligation on your part. Simply give us a brief description of the status of your claim, and we’ll tell you whether funded enforcement or a sale is the right option for your case. You don’t need to provide any documents, and the heirs won’t find out about it.