Getting your statutory share paid out quickly: where the months are lost and when it’s worth selling
The statutory share is due from the date of death. Not after the will has been opened, not after the grant of probate, not once the house has been sold – but immediately. Anyone reading this sentence for the first time expects it to take a few weeks. By the second time, half a year has usually already passed, and the money still hasn’t arrived.
In practice, there is a gap of one to two years between the passing of the law and the transfer of funds; in cases involving estate property and families in dispute, this period can be even longer. This is rarely due to a serious error. It is because the process of accessing the money consists of stages that take place one after the other, most of which are beyond your control. It is possible to pinpoint quite precisely where this time is spent, and in some instances it can also be shortened.
Key points at a glance
- The compulsory share is purely a monetary claim against the heirs and becomes due immediately upon the opening of the succession (Sections 2317 and 271 of the German Civil Code (BGB)). It does not constitute a share in the estate; therefore, you cannot demand either the sale of the house or the surrender of individual items.
- Most of the time is spent prior to the court proceedings, namely on gathering information about the estate and on valuing property.
- You can demand payment even before you know the exact amount. Interest on late payment usually begins to accrue from the date this demand is received, and any delay will prove costly for the other party.
- However, during the first three months following acceptance of the inheritance, the heir may withhold payment if they invoke this right (Section 2014 of the German Civil Code (BGB)).
- A notarised inventory of the estate provides greater certainty, but adds several months to the process. The cost is paid from the estate, from which your statutory share is also taken.
- The claim is generally subject to a limitation period of three years, calculated from the end of the year in which you became aware of the inheritance, the disinheritance and the identity of the heir.
- The right to a compulsory share may be sold from the date of death, informally and without the consent of the heirs. This reduces the waiting period to a matter of weeks, but results in a discount on the face value.
Why it takes time, even though the money is due immediately
The claim arises at the moment the testator dies (Section 2317(1) of the German Civil Code (BGB)). Inheritance law does not contain any specific rule on when the claim becomes due; therefore, the general rule applies. If no time limit for performance has been specified, the creditor may immediately demand what is due to them (Section 271 of the German Civil Code (BGB)). Legally, the heirs are therefore liable for the money from day one.
There are two obstacles standing in the way of this, from which every subsequent course of action is derived. The first is an information gap. You have a claim, the value of which you do not know, and all the relevant figures are held by the heirs: bank statements, insurance policies, the land register, outstanding debts. Until these figures are on the table, you can demand payment, but you cannot specify how much. And an amount that has not been determined cannot be enforced.
The second issue is a liquidity problem on the other side. In most estates, the assets are tied up in a property. The heir owes money but owns a house. They must therefore raise the necessary funds, either through a loan or by selling the property, and this takes time even with the best of intentions. If the will is lacking, they have a convenient excuse.
The compulsory share is often described as the minimum share of the estate. This wording is misleading, yet it determines the entire course of events going forward. You do not become a co-heir, you do not own any part of the house, and you have no say in the distribution of the estate. You are a creditor; the heirs are your debtors. That is why you cannot force the sale of the house. And that is why – this is the other side of the same coin – your claim is a perfectly ordinary monetary claim that can be sold just like an outstanding invoice.
Where the months slip away
| Stage | What happens | Realistic duration |
|---|---|---|
| Clarify authorisation and quota | Read the will, examine the family situation, determine the share | Days to a few weeks |
| Request information | The heirs draw up a private inventory of the estate; there is no statutory time limit for this | Weeks to months |
| Notarised inventory of the estate | A notary determines the contents themselves, rather than merely certifying them | around four months, or longer in the case of larger estates |
| Value a property | Expert valuation report on the value on the date of death | usually several months |
| Negotiate and reach an agreement | Calculation, settlement discussions, payment | Weeks to months |
| Lawsuit | Staged proceedings for disclosure and payment, first instance | At the Regional Court in 2024, it took an average of 17.5 months to reach a judgment in a contested case |
Only the last figure is taken from official statistics; all the others are based on experience. The four-month period for the notarial register, at least, has a legal basis. In a ruling dated 28 January 2025, the Hamburg Higher Regional Court took this as the standard processing time and therefore refused legal aid to an applicant who wished to bring legal proceedings after only a few weeks (2 W 64/24).
In any case, it is not so much the individual line as the order that matters. An assessment is only made once it is clear what, in fact, is to be assessed. Negotiations only begin once a figure has been put on the table. Legal action is only taken if the negotiations fail. Even a procedure conducted properly therefore takes a year and a half, without any ill will on the part of the other side. A one-year wait is entirely normal in this field.
The five drivers that set the pace
There is often a whole year’s difference between a well-run and a poorly run procedure, and this gap arises at five distinct stages.
Asking for payment before you know the amount
The most costly mistake a beginner can make is to start by simply requesting information and to wait to demand payment until they know how much is owed. This is not necessary. The Federal Court of Justice ruled as early as 1981 that an unspecified demand for payment is sufficient if the claimant cannot quantify the claim at all without the information owed (judgement of 6 May 1981, IVa ZR 170/80).
The difference amounts to hard cash. Once such a demand has been demonstrably received, the heirs are, in principle, in default (Section 286 of the German Civil Code (BGB)). From that date, they owe default interest at a rate of five percentage points above the base rate (Section 288(1) of the German Civil Code (BGB)), which, since 1 July 2026, has been 6.52 per cent per annum. For a compulsory share of 100,000 euros, that amounts to a good 540 euros a month. This turns the tables on the other side, as those who have previously benefited from the delay now have to pay for it.
For this to be valid, the letter must clearly state that you are demanding payment of the compulsory share. A mere request for information or for a valuation report does not constitute a formal demand for payment. You must also be able to prove that the letter was received in the event of a dispute. Nevertheless, the law does provide for a time limit at the outset, as during the first three months following acceptance of the inheritance, the heir may refuse to pay the estate’s liabilities if they expressly invoke this right (Section 2014 of the German Civil Code (BGB)).
A side effect often takes many people by surprise later on. The very same letter that triggers the delay is regarded, for inheritance tax purposes, as a claim to the compulsory share. The tax may therefore become payable long before any money has changed hands (Section 9(1)(1)(b) of the Inheritance Tax Act (ErbStG)). Anyone who expects to exceed their tax-free allowance should choose this point in time carefully and bear in mind the obligation to notify the tax office (Section 30 of the Inheritance Tax Act).
Choose the appropriate form of information
As a person entitled to a compulsory share, you may request information from the heir regarding the contents of the estate, be consulted when the inventory is drawn up, request a valuation of individual items, and demand a notarial inventory instead of a private one (Section 2314 of the German Civil Code (BGB)). This is a decision that is rarely made consciously.
The notarial inventory of the estate is the more rigorous tool, because the notary must determine the contents of the estate themselves and does not merely certify what the heir provides in writing. It is paid for out of the estate (Section 2314(2) of the German Civil Code (BGB)), so it reduces the value of the estate and, ultimately, your own claim as well. The four-month period is merely the standard timeframe. If the notary delays the process, you cannot take action against him yourself, but must continue to rely on the heir. The Federal Court of Justice expressly clarified this in 2023 (order of 19 July 2023, IV ZB 31/22).
This leads to a simple rule of thumb. If the circumstances are straightforward and the heir discloses their figures, you will reach your goal more quickly by drawing up a private list and asking specific questions. If, on the other hand, there is a suspicion that assets are missing – for example, because accounts have not been disclosed or because significant gifts made over the last ten years have come to light which could trigger a claim for a supplementary compulsory portion (Section 2325 of the German Civil Code (BGB)) – then the notarial inventory is well worth the four months’ wait.
Give priority to the undisputed part
In almost every case, there is a baseline figure that nobody seriously disputes. The bank balance is settled; the dispute centres on the value of the house. Demanding an advance payment against this agreed base figure, rather than leaving the entire sum untouched until the dispute is resolved, is one of the most effective yet least frequently used strategies.
There is no explicit legal entitlement to this, nor is one required. The full amount is due in any case, and no one is stopping you from claiming only a portion of it to begin with. Many heirs pay voluntarily at this stage because this stops interest accruing on the amount paid, provided they are already in arrears. Things become more complicated in court. In 2023, the Higher Regional Court of Karlsruhe set aside a partial judgement that had ruled on a specific partial amount whilst the information-gathering stage was still ongoing, because the value of the estate might later turn out to be different, which could then lead to conflicting decisions (Judgment of 12 December 2023, 14 U 135/23). The hoped-for time saving is therefore usually lost. Out of court, the partial payment remains a useful tool.
Agreeing on a value rather than waiting for the perfect valuation report
Property valuation is the second major time-consuming issue. The market value on the date of death is the decisive factor, and this is highly open to dispute. Your rights in this regard are more limited than many people assume. You cannot demand a publicly appointed and sworn expert; an impartial valuer is sufficient (Federal Court of Justice, judgement of 29 September 2021, IV ZR 328/20). The valuer is selected and commissioned by the heir.
Reaching an early agreement with the other party on a joint expert therefore often saves more time than the benefits gained from an expert report drawn up to one’s own liking. If the valuation remains disputed, it is worth considering independent evidence proceedings, i.e. the taking of evidence by the court outside the context of ongoing proceedings (Section 485 of the German Code of Civil Procedure (ZPO)). On 3 January 2023, the Hamm Higher Regional Court confirmed that the person entitled to a compulsory share does not have to be referred to the procedure under Section 2314 of the German Civil Code (BGB) for this purpose (I-10 W 71/22). Whether the effort is worthwhile depends on how far apart the parties’ positions are.
Negotiate, but set a deadline
The vast majority of cases involving a compulsory share end in a settlement. From a financial point of view, such a settlement is effectively a sale – albeit to the other party. It is the quickest legitimate way to obtain money, and the clearer the figures and the more specific the deadlines, the more likely it is to be reached.
Meanwhile, the limitation period continues to run in the background. The claim generally becomes time-barred three years from the end of the year in which you became aware of the opening of the succession, the disinheritance and the identity of the heir, or in which you could have become aware of these facts had it not been for gross negligence; in any event, no later than thirty years after the opening of the succession (Sections 195, 199 of the German Civil Code (BGB)). Negotiations do suspend this limitation period for as long as they continue (Section 203 of the German Civil Code (BGB)). However, when they begin and end in the legal sense is a classic point of contention, which is why no one should rely on this alone.
Things that don’t work, even though they’re often recommended
Expecting payment from the probate court takes weeks and achieves nothing. It opens the will and notifies the parties involved, but it is not responsible for making your payment. It is still worth going there, albeit for a different reason. As a beneficiary of a compulsory share, you have a legitimate interest in inspecting the probate file, where you can obtain copies of the will and the record of its opening. This is often the first reliable information you will receive at all.
You do not need a certificate of inheritance. This merely confirms the heirs’ status where there is no notarised will, and says nothing about your claim. Waiting for it is no reason to hold back on pursuing your own claim.
Nor does the argument that one simply has to wait until the house has been sold hold water. It is up to the heir to raise the money. Although the law does provide for a deferral of the compulsory share, this is subject to the condition that immediate payment would constitute an unreasonable hardship due to the nature of the estate’s assets, for example because the heir would have to give up the family home in which they live (Section 2331a of the German Civil Code (BGB)). The probate court decides on such deferrals or, if the claim is disputed, the court hearing the case. The threshold is high; published judgements on this matter are extremely rare, and deferrals feature much more frequently in correspondence than in practice.
That leaves the most obvious option: to wait until the situation within the family has settled down. It usually doesn’t settle down, and the limitation period continues to run regardless.
How much is your statutory share, anyway?
Before you start thinking about the pace, comparisons or selling, you need an idea of the scale involved. The free compulsory share calculator uses your family situation to give you an initial estimate of whether you are generally entitled to a share and how much that share is likely to be.
How high is your compulsory portion?
Have you been left out of a will? Get some initial guidance now. Our free tool checks, in just a few clicks, whether you are in principle entitled to a share and how much that share is likely to be.
Get a result in under two minutes, without having to provide any details of your assets.
Slow or stuck? It’s the difference that matters
So far, we’ve been looking at a process that’s a bit of a slog, but it works. At some point, the question arises as to whether that’s still the case.
A ‘slow’ process is one in which information is provided, albeit belatedly, in which there is dispute over the figures disclosed, and in which an agreement remains a realistic prospect in the end. It is deadlocked when every answer raises new questions. Information is provided in instalments. Valuations are well below market value without any clear basis. Donations made in recent years are only mentioned when pressed. And shortly before the limitation period expires, a settlement offer appears with a tight deadline.
In the second scenario, it is no longer a question of time, but of cost. Without a solicitor, an expert report and court proceedings, you will get nowhere, and these costs will be incurred before a single euro has been paid. Anyone who can afford to cover them themselves can enforce the claim at their own expense and, in the end, retain the full amount. Anyone who cannot or does not wish to do so has two further options: namely, financing the enforcement process and selling the claim.
If you sell the claim
A sale reverses the order of things. You receive a fixed sum, and any subsequent settlement with the heirs is no longer your concern.
From a legal perspective, this is less complicated than many might expect. The monetary claim is sold and transferred by way of assignment (Section 398 of the German Civil Code (BGB)), and the law expressly states that the right to a compulsory share is transferable (Section 2317(2) BGB). No specific form is required, so a visit to a notary is not necessary, and the heirs need neither give their consent nor be consulted beforehand. They are informed of the sale by the notification of the assignment and can thereafter only make payments to the purchaser. All of this is possible from the time of death. Whilst the testator is alive, any contract relating to their future estate is void, even if it concerns only the compulsory share (Section 311b(4) of the German Civil Code (BGB)). The only exceptions are agreements between future statutory heirs – for example, between siblings whilst their parents are still alive – and these must be drawn up by a notary (Section 311b(5) of the German Civil Code (BGB)).
The sale of a compulsory share is constantly confused with the sale of a share in an estate, yet the two have little in common. The sale of a share in an estate concerns co-heirs who wish to withdraw from a community of heirs. It must be notarised (sections 2033(1) and 2371 of the German Civil Code (BGB)); the remaining co-heirs may exercise a right of pre-emption within two months (section 2034 BGB), and the seller remains liable to the estate’s creditors, as does the purchaser alongside them (Sections 1967, 2058 and 2382 of the German Civil Code (BGB)). None of this applies to the compulsory portion. A quick glance at the will is sufficient as a rough check. If you have been overlooked or disinherited, the matter concerns the compulsory portion. If you are named as an heir in the will, the matter usually concerns a share of the estate, although ‘usually’ does not mean ‘always’. Any heir who receives less than their statutory share, or whose share of the estate is encumbered by reversionary succession, conditions or the administration of the estate, may also claim the statutory share either in addition to or following a renunciation of the inheritance (Sections 2305, 2306 of the German Civil Code (BGB)). This situation requires separate consideration.
What is described in many guidebooks as an immediate payment of the compulsory share actually depends on how well the claim can be substantiated. If the will and details of the estate are reliable, it often takes only a few weeks from the initial enquiry to the payment. That is the time-related part of the equation.
The second part concerns the effort involved and is usually underestimated. The transfer does not simply put an end to the waiting. Requests for information, disputes over expert reports, correspondence and negotiation meetings are now the buyer’s responsibility. The extent to which the rights to information under Section 2314 of the German Civil Code (BGB) are transferred to the buyer has not been conclusively clarified in law, which is why well-drafted contracts expressly regulate this point. For many of those affected, this is precisely where the costs really add up. It wasn’t the money that was the issue, but the willingness to continue corresponding with one’s own family for another two years.
Both are paid at a discount to the nominal value, because by signing the contract the buyer assumes the costs of enforcement, the risk of default and the entire waiting period. The guide to selling a compulsory share explains in detail what determines the size of this discount, what should be included in the contract, and how to recognise a reputable buyer.
When a swift conclusion is more important than that final one per cent
Normally, the compulsory share is claimed from the heirs and paid out as a matter of course. Things become difficult if the payment is blocked or continually postponed. This is precisely when Erbfinanz can help. If a swift resolution is more important to you than receiving the maximum amount, you may wish to consider selling your statutory share claim. You will be paid promptly and will not have to deal with the dispute yourself. If, on the other hand, you wish to claim the full amount without having to pay upfront for a solicitor, expert reports or court costs, we can bear the cost risk involved in enforcing your claim. Legal representation is always provided by a specialist solicitor.
We’ll help you determine which of the two options is best suited to your situation through a no-obligation enquiry. It’s free, discreet and takes just a few minutes.
Sell your statutory share rather than wait
It often takes months for a compulsory share to be paid out, or even years in disputed cases. If you do not wish to wait for this, we will buy your claim at a fixed price. The money will be in your account within a few days of the appointment with the notary; from then on, we’ll take care of everything else.
Three approaches, compared in terms of time and effort
The usual comparisons look at the different approaches in terms of the final outcome. For the question at hand, however, there is another, more interesting angle to consider.
| Path | When money changes hands | What you need to do yourself | What remains in the end |
|---|---|---|---|
| Standing up for yourself | following a settlement or court judgement, often after one to three years | Pre-fund the solicitor and expert report, maintain contact with the heirs, bear the cost risk | the full amount, less our own costs |
| Get funding for enforcement | at the same time; the duration remains the same | No advance payment is required, but the case remains yours | the amount, less a pre-agreed performance-related share |
| Sell a claim | after the contract has been concluded, often within a few weeks | Gather the documents, then that’s it | a fixed amount below par |
The contrast between the first and last lines can be drawn more sharply than most people do. One and the same offer means something completely different, depending on what it stands for. If it resolves a two-year waiting period, an advance payment of several thousand euros and the risk of litigation, the gap between this and the expected outcome is small. If, on the other hand, an uncontested case involving solvent heirs is on the verge of settlement, the same discount comes at a high price.
At the start of any decision, therefore, it is not the offer that matters, but one’s own circumstances. Anyone who knows their share, has exercised their right to information and has served notice on the heirs can assess an offer. Without this groundwork, one can only take any figure at face value.
Frequently Asked Questions
How long does it take from the date of death until the compulsory share is paid out?
If the estate is of a manageable size and the heirs are cooperative, a few months is a realistic timeframe. If the estate includes a property or if the family is divided, one to two years is the norm. If legal proceedings are initiated, the duration of the court case must be factored in; at first instance, proceedings at the Regional Court take well over a year on average.
What can I do if the notarial inventory of the estate is taking an age?
Ihr Anspruch richtet sich auch dann gegen den Erben, nicht gegen den Notar. Gegen dessen Amtsführung können Sie als Pflichtteilsberechtigter nicht selbst vorgehen. Bleibt das Verzeichnis über längere Zeit aus, ist der übliche Weg deshalb die Auskunftsklage gegen den Erben und, wenn ein Titel vorliegt und trotzdem nichts geschieht, dessen Durchsetzung mit gerichtlichen Zwangsmitteln.
Are the heirs allowed to wait until the property has been sold?
Grundsätzlich nicht. Der Anspruch ist sofort fällig, und der Erbe muss sich das Geld beschaffen, notfalls durch Kredit oder Beleihung. Eine Stundung lässt das Gesetz nur in engen Ausnahmefällen zu (§ 2331a BGB). Umgekehrt können auch Sie den Verkauf der Immobilie nicht verlangen, weil Ihnen kein Anteil daran zusteht. Zahlt der Erbe trotz Titel nicht, bleibt die Zwangsvollstreckung, allerdings nur soweit er seine Haftung nicht wirksam auf den Nachlass beschränkt hat, etwa bei einem nahezu wertlosen Nachlass (§ 1990 BGB).
Will I receive interest if the payout is delayed?
Ab dem Zeitpunkt, zu dem die Erben in Verzug sind, ja. Dafür genügt eine Aufforderung, die erkennbar Zahlung des Pflichtteils verlangt, auch ohne Betrag. Die Zinsen betragen fünf Prozentpunkte über dem Basiszinssatz (§ 288 Abs. 1 BGB), der zum 1. Januar und zum 1. Juli angepasst wird. Eine Teilzahlung wird dabei zuerst auf Kosten und Zinsen und erst danach auf die Hauptforderung angerechnet (§ 367 BGB).
Can I sell the property without having to contact the heirs again?
Ja. Die Abtretung wirkt ohne deren Zustimmung und ohne deren Mitwirkung. Die Erben werden über den Übergang informiert und schulden das Geld danach dem Käufer. An der weiteren Auseinandersetzung sind Sie nicht mehr beteiligt, allenfalls kommt in einem späteren Prozess eine Zeugenaussage in Betracht.
Is inheritance tax payable on the sale?
Erbschaftsteuerlich wird der Pflichtteil erst mit der Geltendmachung erfasst, also mit dem ernsthaften Verlangen gegenüber den Erben (§ 9 Abs. 1 Nr. 1 Buchstabe b ErbStG). Eine Bezifferung ist dafür nicht nötig. Ob auch die Abtretung des Anspruchs als Geltendmachung zählt, ist höchstrichterlich nicht abschließend geklärt, weshalb dieser Punkt bei größeren Beträgen vor die Unterschrift gehört. Maßgeblich sind am Ende die persönlichen Freibeträge, bei Kindern 400.000 Euro und bei Ehegatten sowie eingetragenen Lebenspartnern 500.000 Euro, wobei Schenkungen des Verstorbenen aus den letzten zehn Jahren angerechnet werden.
What you can do yourself
Ein Anspruch, der ab dem Todestag fällig ist, kommt in der Praxis erst nach Monaten oder Jahren an, und am längsten wartet, wer nichts tut. Daran lässt sich mehr ändern, als die meisten annehmen. Früh und unbeziffert Zahlung verlangen, die passende Form der Auskunft wählen, den unstreitigen Teil vorziehen und sich beim Wert einigen, statt zu streiten. Das kostet nichts außer Konsequenz und spart im Zweifel ein Jahr. Reicht es nicht, weil die Gegenseite mauert oder weil dieses Jahr in Ihrem Leben nicht zur Verfügung steht, ist der Verkauf des Anspruchs keine Notlösung, sondern eine nüchterne Abwägung. Auf der einen Seite steht, was Ihr Anspruch wert ist. Auf der anderen, was der lange Weg an Zeit, Geld und Nerven kosten würde. Diese beiden Größen zu kennen, ist die eigentliche Vorarbeit. Alles danach ist Arithmetik.
Sell your statutory share rather than wait
It often takes months for a compulsory share to be paid out, or even years in disputed cases. If you do not wish to wait for this, we will buy your claim at a fixed price. The money will be in your account within a few days of the appointment with the notary; from then on, we’ll take care of everything else.
Note on the content of this guide
The articles in this guide are intended to provide general information on inheritance law matters. They do not constitute legal advice and are no substitute for advice in individual cases. Whether a claim exists, and if so, to what extent, always depends on the circumstances of the specific case. Only a solicitor can provide a definitive assessment; in matters of inheritance law, this is usually a specialist solicitor in inheritance law.
All content is carefully researched and regularly reviewed. However, legislation and case law are subject to change. We are therefore unable to guarantee that the content is accurate, complete or up to date.
