Inheritance & Probate Law · Europe

When Someone Dies Without a Will, the Law Decides Who Inherits

Intestate succession applies a fixed legal order of heirs to an estate left with no valid will — and the result can surprise the people closest to the deceased. We match you, free of charge, with a vetted lawyer who handles intestate estates across Europe.

  • Heir entitlement established
  • Cross-border intestacy aware
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Who this is for

No will means the default rules take over — whether they fit or not

Intestate succession is the legal process that distributes an estate when a person dies without a valid will. The governing law sets out a fixed order of heirs — typically a spouse or partner, then children, then parents and wider relatives — and each class receives a defined share. The rules take no account of what the deceased would have wanted, and they differ considerably from one country to the next: an unmarried partner who shared a home for decades may inherit nothing in one jurisdiction and a significant share in another, and a surviving spouse’s position can depend on the presence of children and on the marital property regime. Where the deceased lived, held assets or had their nationality in more than one country, the question of which law applies adds another layer of complexity. A lawyer establishes who is actually entitled, and handles the administration and transfer of the estate.


Why intestacy hurts those left behind

The people the deceased loved
are not always the people the law protects.

Intestacy rules follow a rigid hierarchy that ignores relationships, promises and intentions — and the gaps can be brutal.

01

Partners left with nothing

In many jurisdictions an unmarried or unregistered partner has no automatic right to inherit, regardless of how long the couple lived together — leaving them without the home or assets they shared.

02

Uncertainty over which law applies

When the deceased lived abroad, held property in another country or had a foreign nationality, several legal systems may claim the estate — and heirs can be left in dispute over the same assets.

03

Administration that stalls

Until the heirs are identified and the estate’s debts and taxes settled, property cannot be transferred or sold — and without clear legal guidance the process can drag on for years.


What you get

Certainty about who inherits, and a properly administered estate

We match you with lawyers who establish entitlement and administer intestate estates under the applicable law.

Entitlement established

Your lawyer identifies the governing law and the order of heirs, and confirms precisely who is entitled to what share of the estate — so no one acts on a wrong assumption.

Partners’ rights explored

Where an unmarried partner or another dependant may have a valid claim, your lawyer explains the available options and pursues any entitlement the law actually provides.

The estate administered

From identifying assets and settling debts and taxes to transferring property and accounts, your lawyer manages the process so the estate is wound up correctly.

Cross-border issues resolved

Where several countries are involved, your lawyer determines which law governs the estate and coordinates the administration, avoiding conflicting claims and the duplicated legal cost.


Coverage

Intestate succession lawyers across Europe

Intestacy rules and the determination of the governing law are national, so the right lawyer practises where the deceased lived or held assets. We match cases across:

SpainPortugalGermanyFranceItalyNetherlandsBelgiumIrelandAustriaGreecePoland+ more EU / EEA countries

Frequently asked

Intestate succession — common questions

Who inherits when someone dies without a will?

The intestacy rules of the governing law set a fixed order of heirs, typically starting with a spouse or registered partner and children, then parents and wider relatives. The exact order and shares vary by country, and an unmarried partner may or may not be included depending on the jurisdiction.

Does an unmarried partner inherit anything?

In many European countries an unmarried or unregistered partner has no automatic right to inherit on intestacy, even after a long relationship, although some jurisdictions provide limited protection. The position depends on the governing law, and a lawyer can confirm whether any claim exists.

What if the deceased owned property in another country?

The estate may be governed by the law of the deceased’s habitual residence, but the property’s location and the deceased’s nationality can also matter, and several legal systems may be relevant. A lawyer determines which law applies and how the foreign property is treated.

What is the difference between intestacy and a will?

A will records the deceased’s chosen distribution of the estate, while intestacy applies a default set of rules when no valid will exists. Intestacy follows a rigid order of heirs that takes no account of personal wishes and can leave close family or partners with little or nothing.

How long does intestate administration take?

The timeframe depends on the country, the size and complexity of the estate, and whether heirs agree. It is often slower than administration under a will because the heirs and their shares must first be established. A lawyer keeps the process moving and the estate protected.

Can the outcome of intestacy be changed?

In some jurisdictions heirs may agree to a different division by a formal arrangement, and certain dependants may bring claims for provision. The options are limited and vary by country, so it is important to take legal advice before any assets are distributed.


Free case review

Find out who inherits — and make sure it is handled correctly

Tell us about the deceased and their assets, and we’ll connect you with an intestate succession lawyer who practises under the applicable law — free of charge, with no obligation to instruct.