What are the rules for inheriting?
Verified 11 janvier 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Your situation
- The deceased did not make a will
- The deceased had no children
- The deceased was not married
No will
Prioritization of heirs
When the deceased did not will, it is the law which designates its heirs and prioritize them. We're talking about legal devolution.
The heirs are classified in the following order, in the absence of a surviving spouse:
- Children and their families descendants (no distinction should be made between them, regardless of the relationship between the parents)
- The parents, brothers and sisters and their descendants
- The ascendants other than parents
- The collateral other than siblings and descendants of the latter
Each of these four categories constitutes an order of heirs that excludes the following. It is the heirs closest in degree of kinship who inherit and exclude others.
However, the rule of representation allows the descendants of a deceased heir to collect his share of the inheritance.
Special place of the spouse
The surviving spouse inherits in all cases. However, its share in the estate varies according to the following situations:
- Presence of other heirs on the day of death, particularly whether or not the deceased had children (common or not)
- Marital status of spouses (community reduced to acquisitions or marriage contract)
Please note
the husband also benefits from special right in his dwelling.
Situation of the person living with the deceased | Right to the estate of the deceased |
|---|---|
Spouse | Yes |
Spouse separated from body | Yes, except where the spouses waive their inheritance rights in their separation agreement |
Ex-husband | No |
Inheritance shares are allocated differently depending on whether the deceased has children's play or not.
The situation of an unmarried deceased, with no children, is the same as that of a widowed or divorced deceased.
The settlement of the succession shall be different in the following cases:
The deceased has siblings
Living parents | Inheritance of parents | Legacy of siblings |
|---|---|---|
2 | Half of the estate is 1/4 each | Half of the estate |
1 | 1/4 of the estate | 3/4 of the estate |
None | Nothing | The entire estate |
Sisters and brothers are divided up in equal parts. For example, if the deceased with one parent still alive had one brother and one sister, the brother and sister would each be entitled to 3/8 of the estate.
Half-brothers and half-sisters have the same rights as siblings.
FYI
parents have a right of return, that is, the right to take back the property they had given to their children before their death. The value of these assets is set off against the inheritance rights of the father and mother.
The deceased has no siblings
His property goes to his ascendants : parents, grandparents, great grandparents.
First, the estate is divided into 2 equal parts that go to each parental branch (maternal and paternal).
Next, the heirs are determined by branch going from 1re generation to the most distant generations.
If no ascendant is alive, the succession goes to his uncles, aunts, cousins and cousins (i.e. his collateral ordinary).
If no heir is aliveAnd, the State receives the estate.
Will
Reserving heirs
Some heirs cannot be excluded from the estate. These are the heirs reserving. They must receive a share of the deceased's inheritance: this is the hereditary reserve.
These are the children of the deceased and their descendants who are heirs.
If the deceased has not had a child, the heir to whom the reservation is made is the surviving spouse.
Available Quota
The hereditary reserve never represents the entire inheritance of the deceased.
The remaining part of the heritage is called the available quota. It can be distributed freely (to an heir or a third party) by the deceased in his will.
Inheritance shares are allocated differently depending on whether the deceased has children's play or not.
The heir to whom the reservation is made is the surviving spouse. 1/4 heritage is reserved for him.
The deceased will be able to allocate freely (for the benefit of an heir or a third party) the 3/4 remaining in his will.
Example :
The deceased has a heritage of €200,000. Her husband will receive €50,000. The deceased may assign the €150,000 to persons of his choice (heirs or third parties).
FYI
parents have a right of return, that is, the right to take back the property they had given to their children before their death. The value of these assets is set off against the inheritance rights of the father and mother.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Notary
Rights of parents in the absence of a successor spouse
Representation
Qualifications required to succeed
Order of heirs
Article 756 (rights of the successor)
FAQ
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