Inheritance Without a Will: How Is the Estate Divided?

If the deceased left no valid will, the law determines the fate of the estate — but the order of statutory succession can also hold surprising turns for many.

When a loved one passes away without leaving a will, many assume the estate automatically passes to the closest relative, such as the spouse. The reality is more nuanced: statutory succession follows a precisely defined order, and knowing it helps avoid misunderstandings and legal disputes within the family.

The basics of the order of succession

Statutory succession primarily favors descendants (children, grandchildren). If the deceased has children, they inherit in equal shares — in this case the spouse typically does not receive the entire estate, but rather rights defined by law (such as the widow's/widower's right, which entitles them to lifelong use of the jointly inhabited property) and a portion of the estate. In the absence of descendants, the order of succession opens up to the parents, then siblings, and further ascendant and collateral relatives, according to specific statutory rules.

The spouse's legal position

The spouse's inheritance position depends on whether the deceased had descendants. If descendants exist, the spouse inherits a portion of the estate in addition to the widow's/widower's right; in the absence of descendants, the spouse's legal position is considerably more favorable, and they share the estate with the parents or other relatives in proportions defined by law.

What counts as part of the estate?

The estate includes not only real estate and savings, but all of the deceased's property rights and — with certain limitations — obligations as well, including any debts. Heirs are also liable for debts encumbering the estate, typically up to the extent of their share of the inheritance.

How the probate procedure works

The rights and obligations of the heirs are established within a probate procedure conducted by a notary. The purpose of the procedure is to determine the assets of the estate and the circle of heirs, and to transfer the estate to those entitled to it. In case of a dispute — for example, if the heirs disagree on the division of the estate, or if someone's right to inherit is in question — the matter may be taken to court.

Why is it worth making a will even if the statutory order seems "adequate"?

In many cases, the order of statutory succession does not reflect the deceased's actual wishes — for example, if they wanted to favor one child in particular, provide for a partner (who is otherwise excluded from statutory succession), or leave assets to a charitable cause. A carefully drafted will prevents family disputes in these cases and ensures that the assets are actually distributed according to the deceased's wishes.

In Summary

• Without a will, the law determines the order of succession in a precise, fixed sequence.
• The spouse's legal position depends significantly on whether descendants exist.
• The estate includes debts in addition to assets.
• A well-prepared, legally sound will can prevent many future disputes.

If you have an uncertain inheritance question, or would like to have a will prepared, it is worth acting in time, thoughtfully, with expert assistance.