Compulsory share: who can claim it, how much, when it becomes time-barred

Checked on 05.11.2026

Translated from German. Where anything differs, the German text counts: Deutsche Fassung

A child is not in the will, or the spouse inherits alone. Whoever is passed over like this does not go away empty-handed under the law. For the heirs this means: a claim is coming, and it is directed at them.

What generally applies

Who: the deceased's children and further descendants, the spouse, and the parents if there are no descendants (§§ 2303, 2309 BGB). Siblings have no compulsory share.
How much: half of the value of the statutory share (§ 2303(1) BGB). If a child would have inherited a quarter without a will, their compulsory share is an eighth of the estate's value. How the statutory share is determined is explained in Who inherits without a will?
In money. The compulsory share is a claim for payment against the heirs. Whoever claims it does not become a co-heir, does not take part in decisions and gets no share in the house.
Due at once. The claim arises with the death (§ 2317 BGB).

What the heirs must provide

Whoever is entitled to a compulsory share and is not an heir themselves can demand from the heirs (§ 2314 BGB):

information on the assets of the estate, as an inventory,
to be present when the inventory is drawn up,
that the value of the estate items is determined,
that the inventory is drawn up by a notary.

The estate bears the costs.

Gifts in the last ten years

If the deceased gave something away during their lifetime, the person entitled can claim a supplement: the gift is added back to the estate for the calculation (§ 2325 BGB). In the first year before the death it counts in full, one tenth less for each further year. After ten years it no longer counts. For gifts to the spouse this period does not begin before the marriage ends.

Limitation

The claim becomes time-barred after three years (§ 195 BGB). The period begins at the end of the year in which the claim arose and the person entitled learned of the death and of being disinherited (§ 199(1) BGB).

What helps

A complete inventory, from the start. Accounts, land, valuables, household goods, debts, each with its status on the day of death and proof. Whoever already has it does not have to produce it under pressure.
Values with their source. Bank statement, valuation, estate agent's estimate: what the figure is and where it comes from.
Keep the correspondence. When who demanded what and what was received.

How much a compulsory share is in your case, whether gifts count and what is credited against it, is for a lawyer to assess.