Compulsory portion calculator: calculate your compulsory portion free of charge

Have you been disinherited or passed over in the will? Then you are generally entitled to the compulsory portion: half of the statutory share of the inheritance, as a monetary claim against the heirs. Our calculator shows you your compulsory-portion quota in no more than eight questions – free, anonymous and non-binding.

The key points in brief

• The compulsory portion amounts to half of the statutory share of the inheritance (§ 2303 BGB).
• Only the following are entitled to a compulsory portion: children, the spouse and – if there are no children – the parents of the deceased. Siblings never have a compulsory portion.
• The compulsory portion is a purely monetary claim against the heirs, not a claim to particular items from the estate.
• Gifts made to third parties in the last ten years – gifts to a spouse without any time limit – can increase the claim (supplementary compulsory portion, § 2325 BGB).
• The claim becomes time-barred after three years from the point of knowledge, counted from the end of that year (§§ 195, 199 BGB).

Who is entitled to the compulsory portion?

Three groups of people are generally entitled to the compulsory portion: the descendants of the testator, that is first and foremost the children – and where a child has died before the testator, that child's own children (the testator's grandchildren) take their place. In addition, the spouse or registered civil partner is entitled to a compulsory portion. The parents of the testator, by contrast, only come into play if there are no descendants at all.

Adopted children are fully equal to biological children. Stepchildren without adoption, siblings, divorced spouses and unmarried partners, on the other hand, have no claim to a compulsory portion – regardless of how long the relationship lasted.

The claim arises where you have been excluded from the succession by a will or an inheritance contract. Anyone who receives too little can also demand an additional compulsory portion (§ 2305 BGB). More on this: compulsory portion despite a will.

How the compulsory portion is calculated – in four steps

1. Determine the statutory share of the inheritance. What would you have inherited without a will? That depends on the degree of relationship, on the matrimonial property regime and on the number of co-heirs.
2. Halve the quota. The compulsory-portion quota is half of this statutory share of the inheritance.
3. Determine the value of the estate. All assets as at the date of death, less the liabilities (more on this below).
4. Multiply. Compulsory-portion quota × net estate = your claim in euros.

Compulsory-portion quotas at a glance (child of the deceased)

* For spouses there are two ways of calculating – the "large" and the "small" compulsory portion (§ 1371 BGB), see below. Different quotas apply under separation of property and under community of property; the calculator above takes the matrimonial property regime into account automatically.

How large the children's share is in further constellations is shown in our articles on the compulsory portion for children, on the compulsory portion for grandchildren and on why siblings have no compulsory portion.

One example, calculated all the way through

Starting point: Mr M. dies and leaves behind his wife (community of accrued gains) and two children. His will appoints the wife as sole heir; the daughter is disinherited.

Step 1 – quota: Without a will, the daughter would have inherited 1/4 (wife 1/2, the two children 1/4 each). Her compulsory-portion quota is half of that: 1/8.

Step 2 – estate: House €300,000 + accounts and securities portfolio €120,000 = €420,000, less an outstanding loan of €15,000 and funeral costs of €5,000 = net estate €400,000.

Step 3 – compulsory portion: 1/8 × €400,000 = €50,000.

Step 4 – gift: Four years before his death, Mr M. had given his son €80,000. Under the meltdown rule, 70 % of that is still taken into account, i.e. €56,000. The supplemented estate amounts to €456,000, and the daughter's total claim to 1/8 of it = €57,000. Her claim to a supplementary compulsory portion: an additional €7,000 (§ 2325 BGB).

Determining the value of the estate correctly

What matters is the value of the estate on the date of death (§ 2311 BGB): real estate at market value, accounts, securities portfolios, shareholdings, household effects and vehicles – less the debts of the testator, the funeral costs and the costs of administering the estate. Legacies and testamentary obligations arising from the will are not deducted.

In practice, property values are what is argued about most often. As a person entitled to a compulsory portion, you can demand an expert valuation at the expense of the estate. What applies where real estate forms part of the estate, and how a usufruct affects the compulsory portion, we explain in separate articles.

You do not know the value of the estate? That is the normal case – and this is precisely what the right to information is for: the heirs must present you with a complete inventory of the estate, and on request one drawn up by a notary (§ 2314 BGB). The estate bears the costs. Details: the right to information for the compulsory portion, and incorrect information in the estate inventory.

Gifts: the supplementary compulsory portion

If the testator gave assets away during his lifetime, the compulsory portion is calculated as if the gift still belonged to the estate (§ 2325 BGB). The meltdown rule applies: for every full year since the gift was made, it counts 10 % less.

Two important exceptions: for gifts to a spouse, the ten-year period only begins when the marriage is dissolved – and where the testator reserved a usufruct for himself, it generally does not begin to run at all. Particularly where real estate has been transferred, there is therefore often more to be had than it first appears.

Spouses: the large and the small compulsory portion

For a disinherited spouse in a community of accrued gains there are two ways of calculating (§ 1371 BGB): the small compulsory portion (1/8 alongside children) plus the equalisation of accrued gains as actually calculated – or the large compulsory portion (1/4), where the inheritance is disclaimed or no equalisation of accrued gains can be demanded. Which route is more favourable depends on how much accrued gain actually arose during the marriage. This is one of the points at which the calculator deliberately stops and a look at the documents becomes necessary. More on this: the large and the small compulsory portion for spouses.

Limitation: three years, counted from the end of the year

The claim to a compulsory portion becomes time-barred after three years (§§ 195, 199 BGB). The period begins at the end of the year in which you learned of the inheritance and of your disinheritance.

Example: You learn of the death and of the will in March 2026. The limitation period begins on 31 December 2026 and ends on 31 December 2029. After that, the heirs can refuse payment – even where the claim did in fact exist. What suspends the period and which special periods exist: limitation of the compulsory portion.

When the calculator is no longer enough

The calculator determines your quota reliably for the most common family constellations. It reaches its limits where the individual case governs the calculation – typical examples are:

• an unclear or disputed estate value (real estate, shareholdings in companies – see compulsory portion in companies and company shares),
• gifts with a usufruct, to a spouse or shortly before the inheritance,
• a Berlin will with a compulsory-portion penalty clause (what the clause means),
• heirs who do not want to pay or cannot pay (when the heir cannot pay out),
• advancements that can be set off (§ 2315 BGB) or an earlier waiver of the compulsory portion.

In these cases, a free initial consultation with lawyer Corinna Ruppel can help you get your bearings and discuss the possible next steps. You will also find more in-depth information in the article claiming a compulsory portion with legal support. How enforcement proceeds step by step is shown in our article on claiming the compulsory portion.

Lawyer Corinna Ruppel (LL.M.) represents clients in inheritance law, with a focus on enforcing claims to a compulsory portion and claims to information. View profile

Further reading: The compulsory portion – an overview · Calculating the compulsory portion yourself: the method in detail · Concealed inheritance · Contesting a disinheritance

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