Inheritance Law2026-09-25

How long do I have to claim my compulsory share – and what should I do just before the deadline?

A compulsory-share claim normally becomes time-barred three years after you learn of the death and of your own exclusion. Here is what that means for estates arising in 2023, and how to stop a looming limitation period in time.

You know that you are entitled to a compulsory share, but you have not yet come forward. Perhaps out of consideration for the family, perhaps because you first wanted to gather your papers together. Now time is running short. You want to know: when does the clock start, and when does it stop? And what do you do if the other side stays silent while the deadline draws nearer?

In short

A compulsory-share claim normally becomes time-barred within three years. The period begins at the end of the year in which you learned of the death and of the disposition that works against you – the will, the disinheritance or the contract of inheritance. This also applies where you failed to acquire that knowledge only through gross negligence. So anyone who learned in 2023 both of the deceased’s death and of their own disinheritance will normally see their claim become time-barred on 31 December 2026 – and time really is now becoming tight. Even shortly before the deadline there are ways to suspend or interrupt the limitation period: negotiations with the heir, a staged claim, or, if necessary, an order for payment (Mahnbescheid).

How I can help you

Working out the period in your particular case: exactly when your limitation period begins and ends – including where knowledge and death fall on different dates.
Immediate deadline-preserving steps shortly before expiry: order for payment, a letter that suspends limitation, a staged claim.
Conducting negotiations with the heir, including the question of when a letter actually triggers negotiations in the legal sense.
Checking whether claims against a recipient of gifts (§ 2329 BGB) are about to become time-barred – here a different clock is ticking.
Advice where the heir in turn asks for the payment to be deferred – for instance to save the family home.

The period in detail: when it really begins and when it really ends

The compulsory-share claim arises under § 2317(1) BGB with the death itself. For limitation purposes, however, that moment is not decisive. What governs is the standard limitation period under §§ 195, 199(1) BGB: three years from the end of the year in which the claim arose. In addition, during that year you must have acquired knowledge of the circumstances giving rise to the claim and of the identity of the debtor – or have failed to acquire that knowledge only through gross negligence.

For the compulsory share this means, concretely, that two things must come together.

You must know that the deceased has died.
You must know that you have been passed over by a testamentary disposition or that your share has been reduced – that is, you must be aware of the will, the contract of inheritance or the disinheritance.

If both moments coincide, the period begins at the end of that year. That is the case where you learn of the death and of your disinheritance at the same time. If you learn of the will only later, the period does not begin to run until that later date – not retrospectively from the date of death. This happens, for example, where a will was kept quiet for a long time. This is where confusion often arises in practice: what counts is not the death, but the moment at which you actually became aware of the disadvantage.

The period then does not end exactly three years after the day you gained knowledge, but on 31 December of the third year following the year of knowledge. For a death of which you gained knowledge in 2023, that means the period expires at midnight on 31 December 2026. For many people affected by deaths occurring in 2023, that is the deadline – and it is only a few months away. Anyone who has done nothing so far must act now.

A special rule applies to the supplementary compulsory-share claim against a recipient of gifts under § 2329 BGB. An example: the deceased gave away their assets during their lifetime in order to hollow out the compulsory share. Under § 2332(1) BGB this limitation period begins with the death itself – regardless of your knowledge. It, too, runs for three years. So here it does not matter when you learned of the gift. Anyone who discovers a gift only at a late stage can run into limitation considerably faster here than with the actual compulsory-share claim against the heir. The basics of the compulsory-share claim itself – who is entitled and how it is calculated – I have set out in Enforcing your compulsory share.

How to stop the clock shortly before expiry

When the turn of the year approaches and the heir will not move, there are three practical routes:

Open negotiations. Under § 203 BGB the limitation period is suspended for as long as negotiations about the claim, or about the circumstances giving rise to it, are ongoing between you and the heir. This suspension ends as soon as one side clearly refuses to continue. Thereafter the limitation period cannot expire before three months have passed. Important: a mere request for information does not necessarily suffice. There must be a discernible exchange of views about the claim, in which the heir does not refuse immediately and definitively. An unanswered letter suspends nothing. Anyone relying on negotiations should document them in writing and, if in doubt, prepare further steps in parallel.

Bring a staged claim. Because you first need information about the composition of the estate in order to quantify your compulsory share, a staged claim under § 254 ZPO is the natural approach. In a single action you sue for information – that is, for an inventory of the estate – if necessary for a sworn declaration as to its accuracy, and only lastly for payment of a sum still to be quantified. The advantage shortly before expiry: service of the claim suspends limitation for the entire claim, including the as-yet unquantified payment stage. So you do not need to know an exact figure before bringing the action.

An order for payment as the emergency brake. If little time remains and a full claim can no longer be prepared, service of an order for payment (Mahnbescheid) already suspends the limitation period, § 204(1) no. 3 BGB. This does, however, require you to be able to state the amount of the claim. Where the composition of the estate is still unknown, that is often only possible with a cautious estimate, to be adjusted later in the contested proceedings. The order for payment is more of an instrument for when only a few days remain and the amount is roughly clear. The staged claim is the cleaner route when there are still one or two months in hand.

Where the heir asks for the payment to be deferred

Even if you have acted in good time, payment can still be delayed. Under § 2331a(1) BGB the heir may ask for the compulsory share to be deferred where immediate payment in full would, because of the nature of the estate assets, amount to an inequitable hardship. This covers, for instance, cases where the heir would otherwise have to give up the family home or sell a business unit needed for their livelihood. Your interests as the person entitled to the compulsory share must, however, also be given appropriate weight. A deferral is not a free pass, but an exception to be weighed on the facts of each case. Where the claim is undisputed, the probate court decides on it. This does not affect the limitation of your claim, but it does delay the actual payment.

A typical case from practice

At the start of 2023 a daughter learns of her father’s death and, at the same time, that she has been disinherited by a notarial will in favour of her stepmother. She hesitates, not wanting to strain the peace within the family. At the end of 2025 she nevertheless writes a first letter to the stepmother asking for information about the estate. The stepmother at first replies evasively, but then engages in correspondence about the size of the estate. Because negotiations within the meaning of § 203 BGB are thereby under way, the limitation period otherwise looming on 31 December 2026 is suspended. The daughter must still be careful. As soon as the stepmother clearly breaks off the negotiations, the remaining period of up to three months starts to run again.

Common mistakes

Confusing the death with knowledge: many count from the day of death. But the period does not begin to run until you have knowledge of the disinheritance. This can lead to misjudgements in either direction.
Relying on an unanswered letter: a single letter, with no reaction from the heir, does not suspend the limitation period. Without a response or a discernible exchange, the clock keeps running unchecked.
Waiting too long for complete information: some hold off on bringing a claim until the estate inventory is fully in place. That wastes time. The staged claim is designed precisely to combine information and, later, quantified payment in a single set of proceedings.
Overlooking the separate period against recipients of gifts: some focus only on the heir and fail to pursue a lifetime gift in good time. That can allow the claim under § 2329 BGB to become time-barred. The reason: this limitation period begins with the death itself, regardless of your own knowledge.
An order for payment with the wrong figure or none at all: an order for payment without a comprehensible statement of the amount can cause problems if the claim is disputed.

Frequently asked questions

Not automatically, in the sense of lapsing of its own accord. But once the period has expired the heir can rely on limitation and refuse to pay. In practical terms this means that, without a deadline-preserving step, the claim will normally no longer be enforceable once the period has run out.

What happens if I only learn after two years of the will that disinherits me?

Then the three-year period begins only at the end of the year in which you gained knowledge of the disinheritance. It does not run retrospectively from the day of death. You should, however, be able to document the circumstances in which you gained that knowledge, in case the heir later claims you knew earlier.

Is a solicitor’s letter enough to suspend the limitation period?

A solicitor’s letter on its own suspends nothing. What matters is whether it actually leads to negotiations within the meaning of § 203 BGB – that is, a two-way exchange about the claim. If no reaction is forthcoming, or the heir refuses immediately and definitively, no suspension takes effect.

Do I already have to name an exact sum if I want to sue shortly before the deadline?

No. With a staged claim under § 254 ZPO you can first sue for information and reserve the quantification of the payment. Service nonetheless suspends limitation for the entire claim. With an order for payment, by contrast, you do need a stated figure, even if it must at a pinch be a cautious estimate.

Can the heir simply delay payment by asking for a deferral?

A deferral under § 2331a BGB is tied to strict requirements – in particular an inequitable hardship caused by having to sell the family home or an essential business base. At the same time it must give appropriate weight to your interests as the person entitled. It is not an automatic means of delay, but requires either an agreement or a decision by the probate court.

Your next step

If your inheritance case dates from 2023 and you learned of the disinheritance in 2023 as well, you now have only a few months left until 31 December 2026. This is not a deadline to leave to the last minute and handle on your own. I will check the exact start of the period in your case for you. Where necessary, I will immediately open limitation-suspending negotiations or prepare a staged claim or an order for payment. I am happy to answer any further questions on inheritance law in an initial consultation. This series has accompanied the compulsory share from enforcement, through quantification, to limitation and the last-minute emergency measures shortly before the deadline. Do get in touch while there is still time to act.

This article provides general information and does not replace individual legal advice.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-09-25.

Christian Czirnich, Rechtsanwalt (attorney at law), Kirchseeon near Munich

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