The thirtieth: maintenance for relatives after the inheritance occurs

A person's death often affects relatives who lived with them and were supported by them. So that they are not immediately left without provision, there is the 'thirtieth': a claim to maintenance and use of the home for a transition period.

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Family members who belonged to the testator's household at the time of death and received maintenance from them can demand from the heirs, in the first 30 days after the inheritance occurs, maintenance to the previous extent and the use of the home (§ 1969 BGB).

The thirtieth gives relatives a breathing space to reorganize. The testator can determine otherwise by testamentary disposition; otherwise the statutory rule applies.

What you should do now

1
1. Check the requirements
Clarify whether you belonged to the household and received maintenance.
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2. Approach the heirs
Assert the claim to maintenance and use of the home against the heirs.
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3. Use the time
Within the deadline, organize your further provision and accommodation.
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4. Check follow-up claims
Clarify whether there are further claims (e.g. entry into the tenancy).

How to spot the scam

Relatives are pressed to vacate immediately after the death.
The claim under § 1969 BGB is unknown to those involved.
The short transition period is not used for reorganization.

Frequently asked questions

What does the 'thirtieth' mean in inheritance law?

It gives family members who belonged to the deceased's household and received maintenance from them, for the first 30 days after death, a claim against the heirs to maintenance and use of the home to the previous extent (§ 1969 BGB).

Who can demand the thirtieth?

Family members who lived in a household with the testator at the time of death and received maintenance from them. They should not be left without provision immediately, but receive a short transition period.

Can the testator exclude this?

Yes, the testator can make a different arrangement by testamentary disposition. If they make none, the statutory rule of the thirtieth applies. It is meant as minimum protection for close relatives.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.