For many people, the issue of the compulsory share begins with a letter from the probate court. The will has been opened, and their own name does not appear in it, or only with a smaller share than expected. Anyone who is overlooked in this way – whether as a child, spouse or registered civil partner – is disinherited, even if the word ‘disinherit’ does not appear anywhere in the will. They do not, therefore, come away empty-handed. The law guarantees the next of kin a minimum share of the value of the estate: the compulsory portion.
However, this compulsory share is not paid out automatically. No court or public authority will take the initiative to deal with it. Anyone wishing to claim it must demand payment from the heirs themselves. The procedure is normally straightforward and does not require legal proceedings. You request information about the estate, calculate your entitlement based on this, and demand payment from the heirs. The law does not prescribe any specific form for this.
This page guides you through the individual steps. It explains who is entitled to claim the statutory share, how its amount is calculated, what deadlines apply, and what the most common stumbling blocks are in practice when it comes to receiving payment.
The compulsory share is a financial claim against the heirs
Before any practical steps are taken, there is a distinction that shapes the entire process. Upon death, an heir immediately becomes the owner of the estate, including all assets and all debts. A person entitled to a compulsory share does not. The compulsory share is purely a monetary claim against the heir or heirs (Section 2303 of the German Civil Code (BGB)). Anyone who asserts this claim does not become a co-heir and does not receive any items from the estate. Nor does it entail any right to have a say in the distribution of the estate. Only money may be claimed.
In terms of amount, the compulsory share is half the value of the statutory share of the estate, that is, the share to which the person would have been entitled under the rules of intestate succession in the absence of a will. The third step below shows how this translates into specific amounts.
The claim arises upon the opening of the succession and is, in principle, immediately due (Section 2317 of the German Civil Code (BGB)). The heirs cannot therefore delay payment on the grounds that the estate has not yet been distributed. Furthermore, the claim is directed exclusively against the heirs. The probate court opens the will; it has no role in the payment of the compulsory share.
Who is entitled to claim the compulsory share, and in which circumstances
Only a limited group of people are entitled to a compulsory share (Section 2303 of the German Civil Code (BGB)):
- the testator’s descendants, that is, the children; if a child is excluded, for example because they have predeceased the testator, their children take their place,
- the spouse or registered civil partner,
- the testator’s parents, but only if the deceased leaves no descendants.
Children born in or out of wedlock and adopted children are all counted equally. Stepchildren who have not been adopted are not included, nor are siblings, nieces, nephews or more distant relatives. A divorced spouse is also not entitled to a compulsory share.
It must also be the case that a will or inheritance contract places the person in a worse position than they would be in under the rules of intestate succession. This applies to more situations than many people realise.
The classic case is complete disinheritance. This does not require an explicit provision in the will. Anyone who is simply not mentioned, whilst others are named as heirs, is thereby already disinherited and entitled only to their statutory share. This often happens without any malicious intent, for example in the case of the common ‘Berlin will’, in which spouses appoint each other as sole heirs. Upon the death of the first parent, the children are then excluded from the line of succession and may claim their statutory share.
The second scenario is often overlooked. Even someone who has been named as an heir but with a share smaller than their statutory share is entitled to the difference. This residual statutory share (Section 2305 of the German Civil Code) prevents the minimum entitlement from being undermined by a symbolically small share of the inheritance.
The same applies if a person has been bequeathed only a legacy – that is, a single financial benefit such as a sum of money or a specific item – without becoming an heir. In such cases, the person has the choice of accepting the bequest and claiming the difference up to the amount of the compulsory share, or of renouncing it and claiming the full compulsory share (Section 2307 of the German Civil Code (BGB)). Which option is financially more advantageous depends on the individual case.
After all, a claim may arise even if the estate appears, at first glance, to be empty because the testator gave away their assets during their lifetime. In such cases, there is the ‘supplement to the compulsory share’ (Section 2325 of the German Civil Code (BGB)), which takes gifts made in recent years into account on a pro rata basis in the calculation. More on this shortly.
The testator may only completely withhold the compulsory share in a few exceptional cases, which are exhaustively set out by law, such as in the event of serious misconduct, including criminal offences committed against the testator or persons close to him or her (Section 2333 of the German Civil Code (BGB)). The mere intention that someone should receive nothing is not sufficient for this, even if it is expressly stated in the will.
How to claim your statutory share
In practice, a fixed sequence has proved its worth, as each step builds on the previous one.
Step 1: Establish who has become an heir
The claim is directed against the heir or heirs, so it must first be established who has inherited. This is often clear from the letter from the probate court. The court opens the will and, in doing so, usually also notifies those who would have become statutory heirs had there been no will; a copy of the will is normally enclosed. For many people, this letter is the first time they learn that they have been disinherited.
You do not need a certificate of inheritance to assert your claim. A certificate of inheritance confirms who the heirs are, and that is precisely what you do not become through your statutory share. If it remains unclear who has received the estate, an application may be made to the probate court to inspect the estate file. As a general rule, those entitled to a statutory share have the necessary legitimate interest to do so.
Where there are several heirs, they are jointly and severally liable for the compulsory share (Section 2058 of the German Civil Code (BGB)). The claim may therefore be directed at all of them jointly, but in principle also at any one of them individually.
Step 2: Request information about the estate
The statutory share can only be calculated if the value of the estate is known. This is precisely where the structural problem lies, as the heirs have the relevant documents, whilst the person entitled to the statutory share does not. The law compensates for this imbalance by providing a right to information (Section 2314 of the German Civil Code (BGB)). You may demand that the heirs provide a complete list of all assets in the estate, i.e. bank account balances as at the date of death, property, securities and shareholdings, as well as any debts. This right to information also extends to gifts made by the testator during their lifetime, insofar as they may be relevant to the supplementation of the compulsory share. You should make a specific enquiry about these, as experience shows that heirs rarely mention previous transfers of their own accord.
If there are any doubts as to the completeness or accuracy of the inventory, you may request that it be drawn up by a notary. Such a notarised inventory of the estate is considered to be significantly more reliable, as the notary must ascertain the contents of the estate themselves rather than merely certifying the information provided by the heirs. For individual items, particularly property, you may also request a valuation by an expert. The costs of the inventory and the valuation are borne by the estate, not by you personally.
To request information, it is sufficient to send a simple letter to the heirs. It is customary to specify a reasonable deadline in the letter and to ensure that it is received, for evidence purposes, for example by sending it by registered post.
Step 3: Calculate the compulsory share
Once the information is available, the calculation is carried out. The starting point is the value of the estate on the date of death (Section 2311 of the German Civil Code (BGB)). Liabilities are deducted from the assets, i.e. the deceased’s debts and, for example, the costs of the funeral. The compulsory portion – half of the statutory share of the inheritance – is then applied to the value thus adjusted.
Here is an example. A widowed mother leaves behind two sons and names one of them as her sole heir in her will. Without a will, each son would have inherited half. The reserved share of the son who has been passed over therefore amounts to a quarter of the value of the estate. If the net estate is 400,000 euros, he can claim 100,000 euros from his brother.
If there is a spouse, the shares also depend on the matrimonial property regime. Under the statutory matrimonial property regime of community of accrued gains, for example, two children each inherit a quarter alongside the spouse; their compulsory share is then one-eighth each. For disinherited spouses themselves, there are two methods of calculation – the so-called ‘large’ and ‘small’ compulsory shares – and comparing these is one of the matters that a specialist solicitor would normally work through.
Two factors can significantly alter the outcome. If the deceased made gifts of assets during the ten years prior to their death, the value of these gifts is added pro rata to the estate for the purposes of the calculation and increases the entitlement to the supplementary compulsory portion (Section 2325 of the German Civil Code (BGB)). A gift made in the year immediately preceding death counts in full; for each additional year prior to that, the value is reduced by one-tenth. In the case of gifts between spouses, this period only begins to run upon the dissolution of the marriage. Furthermore, if the donor retains the economic use of the property – for example, through a right of usufruct or a comprehensive right of residence in the gifted property – the period may not commence at all under certain circumstances, meaning that even significantly older transfers may still count in full. Conversely, the compulsory share is reduced if the testator made a gift to the beneficiary during their lifetime and expressly stipulated that the gift was to be taken into account (Section 2315 of the German Civil Code (BGB)).
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Step 4: Request payment in a specific amount
Once the amount has been determined, the actual demand for payment is sent to the heirs. There are no formal requirements for this, nor is it necessary to use a solicitor. It is advisable to send a letter that specifies the exact amount claimed, briefly explains the calculation in a way that is easy to understand, and sets a payment deadline. If the heirs fall behind with their payment, interest on arrears may be added.
As the claim is due immediately, the heirs may have to raise the money, even if the assets are tied up in a property or a business. Only in very exceptional cases may an heir request a deferral if immediate payment would place an unfairly heavy burden on them, for example because they would otherwise have to give up the family home in which they live (Section 2331a of the German Civil Code (BGB)). This is the exception, not the rule, and whether the conditions are met is a matter to be assessed on a case-by-case basis.
Step 5: If the heirs do not respond
If the information is not provided or payment is not made despite the due date having passed, the claim can be enforced through the courts. In practice, this is often done by means of a multi-stage action. In a single set of proceedings, the court is first asked to order the provision of information; if there are doubts as to its accuracy, the insurance company is then required to provide an affidavit; and finally, payment is sought. The advantage of this is that the limitation period for the entire claim is suspended, even though the exact amount has not yet been determined at the outset.
It is usually at this stage, at the very latest, that a specialist solicitor in inheritance law takes over. Even at this stage, many matters can still be resolved out of court, as a letter from a solicitor containing a clear calculation can make a noticeable difference to some heirs’ willingness to engage in discussion. At the same time, from this stage onwards, costs are incurred for the solicitor, the court and, where applicable, expert reports, which are based on the value of the claim. Information on how to mitigate this cost risk can be found at the bottom of this page.
Time limits and statute of limitations
The claim to a compulsory share is generally subject to a limitation period of three years (Sections 195 and 199 of the German Civil Code (BGB)). The period begins at the end of the year in which the entitled person became aware of the opening of the succession and of the disposition affecting them, for example, their disinheritance. If a father dies in March 2025 and his disinherited daughter learns of his death and the will in the same year, her claim becomes time-barred at the end of 31 December 2028. Anyone who only learns of the inheritance or the contents of the will at a later date has a correspondingly longer period of time. Irrespective of whether the claimant is aware of the matter or not, the right to bring a claim expires no later than thirty years after the opening of the succession.
Two points are regularly underestimated in this regard. Firstly, a standard letter to the heirs does not suspend the limitation period, nor does a request for information. The limitation period is suspended, for example, whilst both parties are in earnest negotiations regarding the claim, or where legal proceedings have been brought (Sections 203 and 204 of the German Civil Code (BGB)). Anyone still waiting for a reply shortly before the end of the year will therefore not automatically be granted an extension. Secondly, a stricter special rule applies to the compulsory portion supplement if the estate is insufficient and the beneficiary is therefore to be held liable personally (Section 2329 of the German Civil Code (BGB)). This claim becomes time-barred exactly three years after the opening of the succession, regardless of whether the beneficiary was even aware of the gift.
Given that any quantification is preceded by a fact-finding and assessment process – both of which can take months – there are strong arguments in favour of not waiting until just before the deadline to take the first step.
Common points of conflict and mistakes
The most common conflict does not stem from money, but from a lack of information. Some heirs are slow to respond or do not reply at all, whilst others provide incomplete lists. This is not always due to malice; often it is simply because they are overwhelmed, but this does not alter the outcome. In such situations, the notarial inventory of the estate has proved its worth, and if necessary, the information can be obtained through legal action.
The second long-standing dispute concerns valuation. Heirs are particularly keen to value property low, as every euro less in the value of the estate reduces the statutory share. It is not uncommon for there to be a difference of several tens of thousands of euros between a rough estimate and an expert’s valuation. As the costs of the valuation are borne by the estate, a beneficiary does not simply have to accept a dubious figure.
Gifts are often overlooked. Anyone who looks only at the balance of the account on the date of death may significantly underestimate their own entitlement, as transfers made during the testator’s lifetime may count towards the compulsory portion supplement – in some circumstances, even after more than ten years. It is therefore essential to make specific enquiries about any gifts.
A mistake concerning the renunciation of an inheritance can prove particularly costly. Those who are bequeathed a small share of an estate in a will sometimes believe that they must first renounce this share in order to receive the higher statutory share instead. The opposite is true. Anyone appointed as an heir who renounces their inheritance generally also forfeits their statutory share, including the residual statutory share. Exceptions apply only in specific circumstances, particularly for spouses and where the share of the estate is subject to restrictions and encumbrances such as the appointment of an executor or reversionary succession (Section 2306 of the German Civil Code (BGB)). In such cases, renouncing the inheritance may be the way to secure the full statutory share; however, the time limit for renunciation is only six weeks (Section 1944 of the German Civil Code (BGB)). It is therefore advisable to have a specialist solicitor assess whether renunciation will preserve or forfeit the claim before any declaration is made.
And finally, there is the issue of time. Out of a desire to maintain family harmony, many of those affected put off addressing the matter until documents have gone missing and the limitation period is drawing nearer. However, a factual request for information is not a declaration of war, but a normal step provided for by law. The sooner this is done, the greater the scope for an amicable solution.
Frequently Asked Questions
Do I have to go to court to get my statutory share?
In most cases, no. The statutory share is initially claimed out of court, that is, by sending a request for information and a demand for payment directly to the heirs. Many cases are settled in this way. Legal proceedings only become necessary if the heirs refuse to provide the information or fail to pay despite the debt being due.
Do I need a solicitor or a certificate of inheritance?
Neither is mandatory. A certificate of inheritance identifies the heirs, and you do not become an heir simply by virtue of the statutory share. In principle, the claim can be asserted without the assistance of a solicitor. However, where large sums, disputed valuations or gifts are involved, it is common practice – and often advisable – to engage a specialist solicitor in inheritance law, particularly as mistakes made at this stage are difficult to rectify later on.
How soon do the heirs have to pay?
The claim becomes due immediately upon the opening of the succession; there is no statutory grace period for the heirs. In practice, however, some time elapses because information must first be provided and the estate valued. Heirs can only defer payment by means of a deferral, which is subject to strict conditions and remains the exception.
The heirs say there’s nothing there. Do I have to accept that?
No. The right to information applies regardless of how the heirs value the estate, and a notarial inventory often reveals more than a mere assertion. Furthermore, gifts made in recent years may also be taken into account when calculating the supplementary compulsory portion. However, if the estate is in fact insolvent, the compulsory portion amounts to nothing, as it is calculated solely on the basis of a positive estate value.
How much does it cost to claim a compulsory share?
The information is usually free of charge to the entitled party, as the costs of the estate inventory and any valuation are borne by the estate. You will incur costs of your own if you instruct a solicitor or are sued. Solicitors’ fees and court costs depend on the value of the claim and can be substantial in the case of large claims. The party who loses a case usually also bears the other party’s costs.
Do I have to pay tax on my statutory share of an inheritance?
As an acquisition by reason of death, the compulsory share is subject to inheritance tax, but only once the claim has been made. The same tax-free allowances apply as for heirs: currently €400,000 for children and €500,000 for spouses and registered partners. In many cases, this means the statutory share remains tax-free. Where the estate is substantial, tax implications must be taken into account.
Can I sell or assign my right to a compulsory share?
Yes. The right to a compulsory share is inheritable and transferable (Section 2317 of the German Civil Code (BGB)) and can therefore be assigned or sold in the same way as any other monetary claim. This forms the basis of the model for the sale of a statutory share, whereby a purchaser takes over the claim and the beneficiary is paid out promptly, whilst the settlement of the estate with the heirs is transferred to the purchaser. Whether such a sale makes financial sense depends on the estate, the nature of any disputes and the individual’s personal circumstances.
If the payment is blocked or delayed
Normally, the compulsory share is claimed from and paid out to the heirs in the usual way. No special assistance is required for this. Things become difficult if the heirs provide no information, or only incomplete information, underestimate the value of the estate, or delay payment for months on end. In such cases, the beneficiary is faced with the question of whether to pay for a solicitor, expert reports and, if necessary, legal proceedings out of their own pocket, without knowing when they will actually receive their money.
This is exactly where Erbfinanz can help. Erbfinanz can assume the cost risk associated with enforcement, meaning you do not have to pay for solicitors, expert reports or court costs up front. The fee for this service is agreed transparently in advance and is only payable if the case is successful. If a swift resolution is more important to you than every last euro, you can also sell your statutory share claim to Erbfinanz and receive prompt payment without having to settle the dispute with the heirs yourself. And where a legal assessment is required, Erbfinanz refers you to specialist solicitors specialising in inheritance law with whom it collaborates. Erbfinanz is not a solicitor and does not enforce claims itself; legal representation is always provided by a specialist solicitor.
The easiest first step is to make a no-obligation enquiry. It’s free, discreet and comes with no strings attached.
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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.
Note on the use of artificial intelligence
The articles in this guide are produced with the help of artificial intelligence and are editorially reviewed and approved.