Question: Dear Lawyer, in the event that a deceased person does not leave a will, how will the estate be distributed? How is inheritance divided among statutory heirs?
Answer:
In the event that a person passes away without leaving a will, the estate shall be distributed in accordance with the rules of statutory inheritance under the Civil Code 2015.
Specifically, pursuant to Article 651 of the Civil Code 2015, statutory heirs are determined based on the order of inheritance classes, including the following:
First Class of Heirs, including:
- The deceased person’s spouse;
- The deceased person’s biological parents or adoptive parents;
- The deceased person’s biological children or adopted children.
Second Class of Heirs, including:
- The deceased person’s paternal and maternal grandparents;
- The deceased person’s siblings;
- The deceased person’s grandchildren, where the deceased is the grandparent of such persons.
Third Class of Heirs, including:
- The deceased person’s great-grandparents;
- The deceased person’s uncles, aunts (both paternal and maternal);
- The deceased person’s nieces and nephews, where the deceased is the uncle or aunt of such persons;
- The deceased person’s great-grandchildren.
An important principle of statutory inheritance is that persons within the same class of heirs are entitled to equal portions of the estate.
Importantly, the estate will only pass to the next class of heirs if there is no eligible heir remaining in the preceding class. In other words, the second class of heirs may only inherit if there are no remaining heirs in the first class, for example, because they have passed away, are disqualified from inheritance, have been deprived of inheritance rights, or have refused to accept the inheritance. Similarly, the third class of heirs will only be considered if there are no eligible heirs in both the first and second classes.
For example, if the deceased leaves behind a spouse and children, the entire estate will be distributed among those in the first class of heirs, and the deceased’s siblings or grandparents (second class of heirs) will not be entitled to any share of the estate, unless all persons in the first class are no longer eligible or refuse to inherit.
In addition, in certain special cases, the law recognizes the principle of inheritance by substitution. Accordingly, if a child of the deceased passes away before or at the same time as the deceased, the grandchild may inherit the portion of the estate that his or her parent would have been entitled to receive had they still been alive.
Note: In practice, the distribution of an estate may also depend on factors such as the determination of estate assets, common and separate property between spouses, compulsory heirs, outstanding obligations of the deceased, and other specific legal circumstances.
Should you require legal advice regarding estate distribution, determination of inheritance classes, will preparation, or inheritance disputes, please contact SB Law for timely and practical support from our lawyers and legal experts.
