Children, spouses and registered partners, and in certain cases parents, can sue for the compulsory portion (Pflichtteil) if the heirs do not pay or give no information. The usual route is the stage-by-stage action (Stufenklage) under § 254 Code of Civil Procedure (Zivilprozessordnung, ZPO): the person entitled to a compulsory portion first demands information about the estate, in case of doubt a statutory declaration in lieu of an oath, and finally payment, which he or she has to quantify only after receiving the information. The action is directed against the heirs, not against the testator, and it presupposes that the claim has not yet become time-barred.
Questions about the amount of the compulsory portion are covered in the article on the compulsory portion of children. The legal position is October 2026. The article is also written for readers outside Germany, for example children or spouses living abroad whose claim is subject to German inheritance law or heard before a German court.
Who Can Sue for the Compulsory Portion and against Whom
Under § 2303 German Civil Code (Bürgerliches Gesetzbuch, BGB), a compulsory portion claim belongs to the testator’s descendants, the spouse and the parents, and under § 10 (6) LPartG also to the registered partner, if they are excluded from succession by a disposition upon death. Parents come into play only if there are no descendants (§ 2309 BGB). Siblings, nieces and nephews have no compulsory portion. The compulsory portion is half of the value of the statutory share and is a pure monetary claim.
A fictitious example for orientation: if the testator Maria has two children and has disinherited her son Paul, his statutory share would have been one half. His compulsory portion is therefore one quarter of the value of the estate. If Paul was appointed heir but provided for with less than his compulsory portion, he can claim the shortfall as an additional compulsory portion (Zusatzpflichtteil) (§ 2305 BGB).
The claim is directed against the heir or heirs. If there are several heirs, they are liable as joint and several debtors under § 2058 BGB, so the entitled person can turn to any one of them. Even if an executor (Testamentsvollstrecker) administers the estate, the compulsory portion claim can be asserted only against the heir (§ 2213 (1) sentence 3 BGB). While the testator is alive, there is nothing to sue for: the compulsory portion arises only upon death (§ 2317 (1) BGB). It cannot be demanded during the testator’s lifetime; only a contractual waiver against compensation is possible.
A special situation concerns the person entitled to a compulsory portion who is appointed heir but burdened, for example by legacies, conditions or a subsequent inheritance (Nacherbschaft). Irrespective of the size of his or her share, he or she can demand the compulsory portion only if he or she disclaims the share (§ 2306 (1) BGB). The period is as a rule six weeks, in certain foreign cases six months (§ 1944 (1) and (3) BGB), and does not begin before he or she has learned of the restriction or encumbrance. If he or she does not disclaim, he or she remains an heir with all the burdens; any shortfall relative to the compulsory portion can be claimed under § 2305 BGB. This decision should be settled before the action; on the period in foreign cases see the article on disclaiming an inheritance with a foreign connection.
Before the Action: Out-of-Court Demand
The action is the second step. First the entitled person demands, in writing, that the heirs give information and pay, and sets a deadline. This step is not a condition of admissibility of the action, but it makes sense for three reasons. It clarifies whether the heir pays. It proves that the heirs had cause for the action, which matters for costs under § 93 ZPO: if the defendant immediately acknowledges the claim and has given no cause for the action, the claimant must bear the costs. And it can open negotiations, which suspend limitation (§ 203 BGB).
The following points are usual for the content of the letter:
- Proof of entitlement, for example descent or marriage
- Demand for information under § 2314 BGB with an inventory of the estate and a valuation
- Demand to produce documents on lifetime gifts within the last years
- Offer to be present when an inventory is drawn up
- A deadline, usually of a few weeks
A letter on its own does not suspend limitation. That is the most important point of this section: out-of-court correspondence alone does not extend any period unless negotiations take place or the heirs acknowledge the claim (§ 212 (1) no. 1 BGB).
Competent Court and Mandatory Representation by a Lawyer
The local court (Amtsgericht) has subject-matter jurisdiction if the amount in dispute does not exceed 10,000 euros (§ 23 no. 1 GVG), otherwise the regional court (Landgericht). The earlier limit of 5,000 euros, which some guides still mention, no longer applies. Before the regional court, representation by a lawyer is mandatory (§ 78 (1) ZPO); before the local court you can represent yourself, which in a stage-by-stage action makes sense only in simple cases.
For territorial jurisdiction, besides the general venue of the defendant, the special venue of the inheritance (§ 27 ZPO) comes into consideration, that is the court in whose district the testator last had his or her general venue. Under § 27 ZPO it covers, among other things, actions concerning the compulsory portion. If the testator last lived abroad, the jurisdiction rules of the EuErbVO (European Succession Regulation) apply in addition; more on this below.
The Stage-by-Stage Action: Three Stages, One Procedure
The stage-by-stage action combines information, declaration and payment in one procedure. § 254 ZPO allows the claimant to leave the exact quantification of the payment open at first, until the information is available. The payment claim is thus pending from the start, which is essential for limitation. The stages are decided one after the other.
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| Stage | Content | Legal basis |
|---|---|---|
| 1. Information | Inventory of the estate at the date of death, valuation, on request drawn up by a notary | § 2314 (1) BGB, § 260 (1) BGB |
| 2. Declaration in lieu of an oath | Heir declares that the inventory is complete to the best of his or her knowledge | § 260 (2) BGB |
| 3. Payment | Claimant quantifies the compulsory portion after the information, court decides on payment | § 2303 BGB |
At the first stage, the person entitled to a compulsory portion has three rights under § 2314 (1) BGB: he or she can demand an inventory of the estate and be present when it is drawn up, he or she can demand a valuation of the estate assets, and he or she can demand that the inventory be drawn up by a competent authority, an official or a notary. The costs fall on the estate (§ 2314 (2) BGB). The requirements that a notarial inventory must meet are covered in the article on the action for information under § 2314 BGB.
The second stage is needed only where there is suspicion. Under § 260 (2) BGB it presupposes reason to assume that the inventory was not drawn up with the necessary care, and it does not apply in matters of minor importance (§ 259 (3) BGB). At the third stage, the payment claim is quantified; after the information it can also be reduced. If the heir refuses to give information despite a judgment, it is enforced by a coercive fine or coercive detention (§ 888 ZPO), and the declaration in lieu of an oath before the local court (§ 889 ZPO).
Limitation and the Stage-by-Stage Action
The action for the compulsory portion must be brought in time. The period is three years and begins at the end of the year in which the claim arose and the entitled person learned, or should have learned, of the death and of the prejudicial disposition (§§ 195, 199 (1) BGB). Irrespective of knowledge, a maximum period of 30 years from the death applies (§ 199 (3a) BGB). Bringing the action suspends limitation (§ 204 (1) no. 1 BGB). In a stage-by-stage action, the unquantified payment claim becomes pending with the action, so that it too is suspended (BGH, judgment of 24 May 2012, IX ZR 168/11).
The suspension is not unlimited, however. It ends six months after the final decision or other termination of the proceedings, and if the proceedings come to a standstill, the last procedural act takes the place of termination (§ 204 (2) BGB). Anyone who, after the information, does not quantify the payment and does not pursue the proceedings therefore risks that limitation starts running again. A standstill exists, however, only if the parties do not pursue the proceedings; delays attributable to the court do not count (BGH, judgment of 7 February 2013, VII ZR 263/11). Like the compulsory portion claim, the claim for information is subject to the regular three-year limitation (BGH, judgment of 12 March 2025, IV ZR 88/24). The court therefore examines limitation already at the information stage. Details on the start of the period and suspension are in the article on limitation of the compulsory portion.
Alternatives to the Stage-by-Stage Action
The stage-by-stage action is not the best route in every case. The following routes come into consideration:
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| Route | When sensible | Points to note |
|---|---|---|
| Action for payment | Values are known, heirs have provided an inventory | Amount in dispute is the amount demanded |
| Pure action for information (warning) | practically no sensible case | Payment claim does not become pending, limitation keeps running |
| Notarial inventory first | Suspicion of incomplete information, for example about accounts | As a rule the heir, as the person obliged to give information, chooses the notary; the estate bears the costs (§ 2314 (2) BGB) |
| Stage-by-stage action | Value unknown, heirs refuse or delay | Amount in dispute is determined by the higher claim (§ 44 GKG) |
The pure action for information suspends only the limitation of the claim for information, not that of the payment claim (BGH, judgment of 24 January 2019, IX ZR 233/17). In the firm’s practice it is therefore not brought; the standard is the stage-by-stage action, which also suspends the payment claim from the start. In a stage-by-stage action, the court fees are based on the higher of the combined claims, not on the sum.
Supplementary Compulsory Portion and Recipients of Gifts
If the testator gave away assets, a claim for a supplementary compulsory portion (Pflichtteilsergänzung) may exist in addition. It is directed against the heir (§ 2325 BGB) and, if the heir is not obliged to pay the supplement, against the recipient of the gift (§ 2329 BGB). Gifts count with a decreasing value: the further back they lie, the less is taken into account, and after ten years the gift is in principle disregarded (§ 2325 (3) BGB). Special rules apply to gifts between spouses and where a right of use is reserved.
For the action, it is important that the claims become time-barred differently. The claim against the recipient of the gift is time-barred in three years from the death, regardless of knowledge (§ 2332 (1) BGB). An action against the heir does not suspend limitation against the recipient of the gift, because they are different opponents. If this is overlooked, the claim against the recipient is lost although the action against the heir is still pending. The claim for information also covers gifts, so the person entitled to a compulsory portion should ask about them.
Deferral by the Heir and Compulsory Portion Penalty Clause
The heir can defend himself or herself against immediate performance by deferral (Stundung). Under § 2331a BGB he or she can demand it if immediate performance would be an unreasonable hardship for him or her because of the nature of the estate assets. As examples, the law names the necessity of giving up the family home or selling an asset that forms the economic basis of life for the heir and his or her family. The interests of the person entitled to the compulsory portion must be given due consideration. If the claim is not disputed, the probate court decides (§ 2331a (2) BGB).
In wills of spouses who appoint each other as heirs and the children as final heirs, there is often a compulsory portion penalty clause (Pflichtteilsstrafklausel). If a child demands the compulsory portion after the first death, the child is regularly disinherited at the second death. Anyone facing an action should therefore have the wording of the clause checked. On the Berlin-style will with a foreign connection, see Berlin-style will with a foreign connection.
Costs of the Compulsory Portion Action
The costs depend on the amount in dispute. For a fictitious payment claim of 80,000 euros, one side’s lawyer’s costs in the first instance with a hearing are 4,652.90 euros gross (1.3 procedural fee and 1.2 hearing fee from 1,556 euros, flat rate and VAT, nos. 3100 and 3104 VV RVG), and the court fee is 2,754 euros (3.0 from 918 euros, no. 1210 KV GKG). Anyone who loses completely bears his or her own and the opponent’s lawyer’s costs as well as the court costs, here about 12,060 euros without expert costs. The court fee must be paid in advance if the action is to be served (§ 12 (1) GKG). Anyone who cannot bear the costs can apply for legal aid (Prozesskostenhilfe) (§§ 114 ff. ZPO).
Tax Consequences
The compulsory portion is a taxable acquisition. Under § 3 (1) no. 1 ErbStG it belongs to the taxable acquisition to the extent it is asserted; the tax arises upon assertion (§ 9 (1) no. 1 letter b ErbStG). The personal allowances under § 16 (1) ErbStG presuppose unlimited tax liability; for limited tax liability § 16 (2) ErbStG applies. Further information is offered by the article on the inheritance tax allowance under limited tax liability.
Three Mistakes That Often Happen in a Compulsory Portion Action
First: underestimating limitation and service. Anyone who sues shortly before the end of the year and does not pay the advance can endanger the suspension, because the action is to be served only after payment. Do not file the action at the last minute, and pay the advance promptly.
Second: missing the disclaimer. If the entitled person is provided for with a burdened share, he or she can demand the full compulsory portion only after a timely disclaimer (§ 2306 (1) BGB). The period is as a rule six weeks from knowledge, including of the burden.
Third: having only one claim in view. Anyone who sues the heir only for the compulsory portion and overlooks the gifts may lose the claim against the recipient of the gift, which becomes time-barred independently of knowledge and earlier.
Compulsory Portion Action with a Foreign Connection
If the testator last lived abroad or has assets there, the question of the applicable law and jurisdiction is decided first. Under Art. 4 EuErbVO, the courts of the Member State of the last habitual residence have jurisdiction in principle, and under Art. 21 (1) EuErbVO its inheritance law applies in principle. Art. 21 (2) EuErbVO exceptionally lets the law of a state with a manifestly closer connection apply. Anyone who has validly made a choice of law (Art. 22 EuErbVO) is subject to the chosen law. Whether and in what amount a compulsory portion exists is then determined by the applicable law, and this may differ from the German compulsory portion. Denmark and Ireland do not apply the EuErbVO; German courts treat them like third countries.
For enforcement and recovery abroad, an adviser on the spot should be consulted. Further reading: Compulsory portion law and foreign assets, the article on the jurisdiction of the probate court with residence abroad and the overview of international inheritance law on emigration.
Conclusion
Anyone who wants to sue for the compulsory portion needs above all two things: information about the estate and attention to limitation. The stage-by-stage action makes it possible to make the payment claim pending in time, before the amount is known. It requires, however, that the proceedings be pursued after the information. Before the action, entitlement, opponent, disclaimer period, gifts and cost risk should be clarified. With a foreign connection, the question of the applicable law comes first.
Frequently Asked Questions
How long do I have to sue for the compulsory portion?
The compulsory portion claim as a rule becomes time-barred in three years from the end of the year in which you learned of the death and of the disinheritance. Bringing the action suspends limitation. Irrespective of knowledge, under § 199 (3a) BGB a maximum period of 30 years from the death applies.
Do I have to demand payment from the heir before the action?
It is not legally necessary, but it is advisable. Without a demand you risk, under § 93 ZPO, having to bear the costs in case of an immediate acknowledgement. A written demand with a deadline for information and payment also proves that the heirs had cause for the action.
What does a compulsory portion action cost?
The costs depend on the amount in dispute. At an amount in dispute of 80,000 euros, one side’s lawyer’s costs in the first instance with a hearing are 4,652.90 euros gross, and the court fee is 2,754 euros. The loser bears the costs of both sides. In stage-by-stage actions, the higher claim determines the amount in dispute.
Against whom is the compulsory portion action directed?
Against the heir or heirs, in case of several heirs as joint and several debtors. Even where there is an executorship, the compulsory portion claim is directed only against the heir (§ 2213 (1) sentence 3 BGB). Gifts additionally concern the recipient of the gift, with a separate limitation.
Can I sue for the compulsory portion during the testator’s lifetime?
No. The compulsory portion claim arises only upon the death (§ 2317 (1) BGB). During the testator’s lifetime only a notarised waiver of the compulsory portion comes into consideration, often against compensation.
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 and heirs on enforcing and defending against compulsory portion claims, from the out-of-court demand through the stage-by-stage action to questions of assets abroad and tax. Dr. Fiala has published extensively on questions of emigration and asset protection. Contact the firm without obligation to have your individual situation discussed in an initial consultation.
