The cost of an inheritance dispute with a lawyer depends above all on the amount in dispute (Streitwert): both the lawyer’s fees under the RVG (Lawyers’ Remuneration Act) and the court fees under the GKG (Court Costs Act) are calculated from it. In court proceedings, the losing party in principle bears all costs in the end, including those of the opponent. For the decision whether to pursue an inheritance dispute, what counts is therefore not only the expected claim but the cost risk in case of failure.
This article is not about advice and drafting a will before a death, but about the dispute itself, for example over the compulsory portion of children or the partition among co-heirs. The legal position is as of October 2026.
What Makes an Inheritance Dispute Expensive
An inheritance dispute causes costs in three areas: your own lawyer’s fees, court fees and, if you lose, the opponent’s lawyer’s costs. Expenses for expert opinions, witnesses and translations are added. Disputes in inheritance law are very varied: they range from the compulsory portion through the partition of a community of heirs to a dispute over the validity of a will. The cost logic is the same in all cases; only the amount in dispute differs.
The law knows three levels of costs, which you should consider separately:
← Tabelle nach links wischen, um weitere Spalten zu sehen
| Type of cost | Legal basis | Who pays first? |
|---|---|---|
| Your own lawyer’s fees | RVG, where applicable a fee agreement | You, as the client |
| Court fees | GKG, schedule of fees | The claimant, as an advance |
| Opponent’s lawyer’s costs | Cost decision under §§ 91 et seq. ZPO | The losing party, by proportion |
The third row is decisive. Anyone who sues and loses pays not only their own lawyer and the court but also reimburses the opponent’s statutory lawyer’s remuneration.
The Amount in Dispute: Basis of All Fees
The amount in dispute is the subject of the proceedings valued in euros, and it determines the amount of the fees. In actions for payment it generally corresponds to the sum claimed. For the court fees, § 48 (1) GKG refers to the valuation provisions of the Code of Civil Procedure; for lawyer’s fees in court proceedings the same value applies under § 23 (1) sentence 1 RVG. Where no sum of money is fixed, the court estimates the value at its free discretion (§ 3 ZPO).
Typical situations in an inheritance dispute:
- Compulsory portion action: The amount in dispute is the compulsory portion claimed. If at first only information is demanded, the value depends on the interest in the information. Courts usually apply a fraction of the expected payment claim, as a rule between a tenth and a quarter; the less the claimant knows, the higher. There is no fixed statutory ratio.
- Staged action (Stufenklage): If the claimant combines information and payment (§ 254 ZPO), under § 44 GKG only the higher of the combined claims is decisive for the fees. The values are not added. In practice this is usually the payment claim, which the court values on the basis of the claimant’s expectation.
- Partition of a community of heirs: What is decisive is the value of what the claimant wants to receive from the partition. In a dispute over individual estate assets, their value matters.
- Dispute over the status as heir or over a will: The value depends on the share of the estate that is disputed. Proceedings before the probate court, for example over a certificate of inheritance, are governed by the GNotKG and the FamFG, not the GKG.
The amount in dispute is fixed by the court and can change in the course of the proceedings. This is important for cost planning: an action with an unquantified payment claim is revalued after the later quantification.
Lawyer’s Fees in an Inheritance Dispute under the RVG
In court proceedings the lawyer’s fees are fixed by statute; out of court there is a fee range. The starting point is the fee table in Annex 2 to the RVG, which depends on the value of the subject matter (version since 1 June 2025). The simple fee there is, for example, 927 euros for a value up to 25,000 euros, 1,357 euros up to 50,000 euros, 1,556 euros up to 80,000 euros, 2,352 euros up to 200,000 euros and 3,752 euros up to 500,000 euros. This single fee is multiplied by a rate from the remuneration schedule.
← Tabelle nach links wischen, um weitere Spalten zu sehen
| Activity | No. VV RVG | Rate |
|---|---|---|
| Out-of-court representation (business fee) | 2300 | 0.5 to 2.5; above 1.3 only for extensive or difficult work |
| Procedural fee, first instance | 3100 | 1.3 |
| Procedural fee on early termination | 3101 | 0.8 |
| Hearing fee, first instance | 3104 | 1.2 |
| Settlement fee out of court | 1000 | 1.5 |
| Settlement fee in pending proceedings | 1003 | 1.0 |
| Procedural fee, appeal | 3200 | 1.6 |
| Hearing fee, appeal | 3202 | 1.2 |
| Flat rate for expenses | 7002 | 20 % of the fees, at most 20 euros |
Value added tax is added (no. 7008 VV RVG). If the lawyer had to act out of court beforehand, the business fee is credited half against the procedural fee, at most at a rate of 0.75, under preliminary remark 3 (4) to Part 3 VV RVG. Out-of-court preparatory work therefore does not double the costs.
Court Costs under the GKG
The court fee for first-instance civil proceedings is three times the simple fee (no. 1210 KV GKG). It is reduced to the simple fee if the entire proceedings end without a contested judgment, for example by withdrawal of the action, judgment on acknowledgment, settlement or mutual declarations that the matter is settled, provided no other judgment has yet been given; details are regulated by the note to no. 1211 KV GKG. On appeal the fee is four times, on withdrawal before the grounds the simple fee, and on other termination without a judgment double (nos. 1220 to 1222 KV GKG). The table in Annex 2 to the GKG shows, for example, a simple fee of 918 euros for an amount in dispute up to 80,000 euros, 2,038 euros up to 200,000 euros and 4,138 euros up to 500,000 euros.
Court costs fall due in advance. Under § 12 (1) GKG the action is to be served only once the procedural fee has been paid. This has practical consequences, described below under the common mistakes. Expenses are added, for example advances for expert opinions, which, with disputed estate values or doubts about testamentary capacity, quickly cost more than the court fee itself. No fixed amounts can be named for this; they depend on the expert’s commission.
Calculation Example: Amount in Dispute of 80,000 Euros
The following example shows the order of magnitude under the current tables. Suppose the fictitious person entitled to a compulsory portion, Clara, sues for payment of 80,000 euros before the regional court (Landgericht), without a lawyer having acted out of court beforehand. There is one hearing date; no taking of evidence is needed. Expenses for expert opinions and witnesses are not included.
← Tabelle nach links wischen, um weitere Spalten zu sehen
| Item | Calculation | Amount |
|---|---|---|
| Procedural fee 1.3 | 1.3 x 1,556 euros | 2,022.80 euros |
| Hearing fee 1.2 | 1.2 x 1,556 euros | 1,867.20 euros |
| Flat rate for expenses | no. 7002 VV RVG | 20.00 euros |
| Subtotal net | 3,910.00 euros | |
| Value added tax 19 % | 742.90 euros | |
| Lawyer’s costs per side, gross | 4,652.90 euros | |
| Court fee 3.0 | 3.0 x 918 euros | 2,754.00 euros |
If Clara loses the case completely, she bears her own lawyer’s costs (4,652.90 euros), the court fee (2,754.00 euros) and the opponent’s reimbursable lawyer’s costs of comparable amount (4,652.90 euros). That makes 12,059.80 euros, without expenses. If the proceedings end in a settlement, a settlement fee of 1.0 (1,556 euros net) is additionally incurred, but the court fee falls to 918 euros. In this case the lawyer’s costs per side are 6,504.54 euros gross, the court costs 918 euros. How these costs are divided between the parties is regulated by the settlement.
If the losing side goes to appeal, considerable amounts also fall on them at the same amount in dispute: court fee 3,672 euros (4.0 x 918 euros), lawyer’s costs per side 5,208.39 euros gross (1.6 and 1.2 fees plus flat rate and value added tax). Several participants, taking of evidence or higher amounts in dispute change the figures considerably.
Who Bears the Costs in the End
In principle the losing party bears the costs of the legal dispute (§ 91 (1) ZPO). If each party succeeds only in part, the costs are divided proportionally or set off against each other (§ 92 ZPO). This often applies in an inheritance dispute, for example when a compulsory portion is awarded only in part because the value of the estate is lower than claimed.
Three special rules noticeably influence the costs:
- Immediate acknowledgment (§ 93 ZPO): If the defendant acknowledges the claim immediately and has given no cause for the action, the claimant bears the costs. A person entitled to a compulsory portion who sues without a prior demand risks this.
- Settlement (§ 98 ZPO): If a settlement contains no cost provision, the costs are deemed set off against each other. Each side then bears its own lawyer’s costs and half of the court costs.
- Withdrawal of the action (§ 269 (3) ZPO): Anyone who withdraws the action in principle bears the costs.
Out of court, each person bears their own lawyer’s costs. An exception can arise from damages or default if the opponent made the pursuit of rights necessary by wrongful conduct. Whether legal costs between co-heirs may be paid from the estate depends on whether the measure serves proper administration. That is a question for the individual case; the same applies to the question whether legal costs are estate liabilities.
Forced Sale for Partition and Partition
In a dispute in the community of heirs, the forced sale for partition (Teilungsversteigerung) is a frequent consequence. Each co-heir can apply for it without the consent of the others (§ 2042 (2), § 753 (1) BGB, § 180 ZVG). The court costs consist of several fees for each stage of the procedure (nos. 2210 to 2215 KV GKG, including 0.5 fees for the general procedure, the auction date, the award and the distribution procedure); the value for procedure and date depends on the market value fixed by the court (§ 54 (1) GKG, § 74a (5) ZVG), for award and distribution on the bid (§ 54 (2) and (3) GKG). The costs of a market value expert opinion and of public notice are added. The lawyer’s fees in this procedure are governed by their own rates in Part 3 of the remuneration schedule, not by the rates of civil proceedings. Because of the number of fee stages, you should have a concrete cost estimate given to you before the application. Details on partition with foreign real estate can be found in the article on Community of Heirs with Foreign Real Estate.
Fee Agreement, Contingency Fee and Cost Assistance
Outside court the remuneration can be freely agreed, also below the statutory fees (§ 4 (1) RVG). In court proceedings, by contrast, the statutory remuneration may not be undercut (§ 49b (1) BRAO). A fee agreement requires text form and must be clearly designated as such (§ 3a (1) RVG). It must also point out that in case of cost reimbursement the other side must as a rule reimburse only the statutory remuneration. A higher fee, for example by hourly rate, therefore costs you the difference even if you succeed. A contingency fee is permissible only in the narrow cases of § 4a RVG, for example if the client would otherwise be deterred from pursuing their rights.
Anyone who cannot bear the costs has three options:
- Legal aid for proceedings (Prozesskostenhilfe) (§§ 114 et seq. ZPO) presupposes low income and sufficient prospects of success. It covers court costs and your own lawyer, but not the duty to reimburse the opponent if you lose. The application for legal aid can suspend limitation (§ 204 (1) no. 14 BGB).
- Advice assistance (Beratungshilfe) is available for out-of-court advice for low incomes; the own contribution is fixed by statute, and the local court issues the entitlement certificate.
- Legal expenses insurance: The scope in inheritance law depends strongly on the insurance terms. Often only advice is covered. You should obtain a cover confirmation before the engagement begins.
With very high amounts in dispute, a litigation funder also comes into consideration. It bears the costs in return for a share of the proceeds and checks beforehand the prospects of success and the opponent’s ability to pay. The terms are individual.
Three Mistakes Laypeople Often Make in an Inheritance Dispute
First: seeing only the claim, not the cost risk. Anyone who expects 80,000 euros should consider that in case of a total loss costs of more than 12,000 euros can arise. Before the action, ask for a written cost calculation by amount in dispute and instance. That is part of a careful first meeting.
Second: overlooking limitation and the cost advance. Under § 12 (1) GKG the action is to be served only after payment of the court fee. If the advance is paid late, service can be delayed, which for actions filed shortly before a deadline expires endangers the suspension of limitation. The limitation periods in compulsory portion law are short, and suspension requires an action filed and served in time.
Third: a settlement without a cost provision and an action without a preliminary stage. A settlement without a statement on costs leads under § 98 ZPO to the costs being set off. And anyone who sues without a prior demand runs into the risk of § 93 ZPO. A clear demand with a deadline before the action is therefore part of the cost strategy.
Deadlines That Co-Determine the Cost Risk
An inheritance dispute runs under deadlines whose missing costs the claim. Compulsory portion claims generally become time-barred in three years from the end of the year of knowledge (§§ 195, 199 (1) BGB), irrespective of knowledge at the latest in 30 years (§ 199 (3a) BGB). The claim against a recipient of a gift, by contrast, becomes time-barred in three years from the succession (§ 2332 (1) BGB). Contesting a will is possible under § 2082 (1) BGB within one year of knowledge of the ground for contesting. A disclaimer of an inheritance is generally to be declared within six weeks of knowledge under § 1944 BGB, in certain cases with a foreign connection within six months (§ 1944 (3) BGB). An action dismissed because of a missed deadline brings the claimant the costs of both sides. A review of the deadlines therefore belongs before every cost decision. How a missed deadline can affect the liability of the advising lawyer is covered by the article on Missed Deadlines and Lawyer’s Liability.
Inheritance Dispute with a Foreign Connection
If the deceased last lived abroad or has assets there, the first question is which court has jurisdiction and which succession law applies. In the EU, Art. 4 and Art. 21 of the Succession Regulation are decisive, under which in principle the last habitual residence counts. Art. 21 (2) EuErbVO exceptionally lets the law of a state with a closer connection apply. Denmark and Ireland do not apply the Regulation; German courts treat them like third states. Fees, cost reimbursement and enforcement abroad are governed by the law there, for which a local adviser must be consulted. On jurisdiction see Probate Court When Residing Abroad, on disputes over wills Contesting a Will with a Foreign Connection and on compulsory portions with foreign assets Compulsory Portion Law and Foreign Assets. Court costs and lawyer’s costs of foreign proceedings cannot be calculated from German tables.
Conclusion
The costs of an inheritance dispute are calculable: from amount in dispute, instance and outcome of the proceedings, court and lawyer’s fees follow under the RVG and GKG. The greater risk lies in the bearing of costs if you lose and in expenses for expert opinions. Anyone who clarifies the amount in dispute, the reimbursement risk and the deadlines before the action can judge whether proceedings are worthwhile in proportion to the claim. An out-of-court agreement or a settlement reduces the court fee and often the total costs, but binds the parties to the result. Advice to assess the prospects of success can also be given as a legal second opinion.
Frequently Asked Questions
What does a lawyer cost in an inheritance dispute?
In court proceedings the costs depend on the amount in dispute and are fixed by statute. With an amount in dispute of 80,000 euros, one side’s lawyer’s costs for the first instance with a hearing date are 4,652.90 euros gross, plus 2,754 euros court fee. Out of court the remuneration can be agreed; without an agreement the fee range of no. 2300 VV RVG applies.
Who pays the lawyer’s costs in an inheritance dispute?
In court proceedings the losing party in principle pays, under the court’s cost decision also the opponent’s reimbursable costs (§ 91 ZPO). With partial success the costs are divided by proportion. Out of court, each side bears its own lawyer’s costs.
Can I pay the lawyer’s costs from the estate?
Only in certain cases. Costs that serve the proper administration of the estate can be paid from the estate in the internal relationship of the community of heirs. Proceedings that individual co-heirs conduct against each other do not as a rule belong to this. Check this in the individual case before you use estate funds.
Is there help if I cannot bear the costs?
Yes. With low income, legal aid for the proceedings and advice assistance for out-of-court advice come into consideration. Legal aid presupposes sufficient prospects of success and does not protect against reimbursement of the opponent’s costs if you lose. Legal expenses insurance can also bear costs, depending on the terms.
Is a contingency fee possible in inheritance law?
Only to a limited extent. Under § 4a RVG a contingency fee is limited to a few cases, for example a claim of up to 2,000 euros or where the client would otherwise be deterred from pursuing their rights. The agreement must contain certain information. A litigation funder is a possible alternative with high amounts in dispute.
Attorney Dr. Johannes Fiala and the law firm, with a focus on international inheritance law, tax law and asset protection in Munich, advise persons entitled to a compulsory portion, heirs and co-heirs in inheritance disputes, from the assessment of the cost risk through out-of-court agreement to the conduct of proceedings. Dr. Fiala has published extensively on questions of emigration and asset protection. Contact the firm without obligation to discuss your individual situation in an initial consultation.
