{"id":2323,"date":"2026-05-29T03:31:11","date_gmt":"2026-05-29T00:31:11","guid":{"rendered":"https:\/\/svaroglaw.com\/czyvilnyj-advokat\/rozdil-spadshhyny-bez-zapovitu\/"},"modified":"2026-07-15T12:21:33","modified_gmt":"2026-07-15T09:21:33","slug":"rozdil-spadshhyny-bez-zapovitu","status":"publish","type":"page","link":"https:\/\/svaroglaw.com\/en\/czyvilnyj-advokat\/rozdil-spadshhyny-bez-zapovitu\/","title":{"rendered":"Distribution of an estate without a will"},"content":{"rendered":"

Where there is no will, the estate passes to the heirs in order of priority<\/strong> \u2014 and within each order of priority, the shares are equal<\/strong> (Article 1267 of the Civil Code). This is a simple rule, and as long as there is only one heir, it works automatically.<\/p>\n

Problems arise when there are several heirs and the property cannot be divided<\/strong>: one flat for three children, one car, one share in a business. It is physically impossible to divide these things in half \u2014 and this is precisely where families end up arguing for years.<\/p>\n

The division of an estate in accordance with the law can be formalised in two ways: by an agreement between the heirs<\/strong> drawn up by a notary \u2014 quickly and cheaply \u2014 or through the courts<\/strong> \u2014 when an agreement cannot be reached.<\/p>\n

+38 095 554-54-24<\/a> \u2014 legal advice<\/strong><\/p>\n

Five orders of succession<\/h2>\n

Each subsequent class inherits only in the absence<\/strong> of heirs from the previous class (Articles 1261\u20131265 of the Civil Code):<\/p>\n

    \n
  1. the testator\u2019s children<\/strong> (including those conceived during the testator\u2019s lifetime and born after their death), the surviving spouse<\/strong>, parents<\/strong>;<\/li>\n
  2. full brothers and sisters<\/strong>, grandmothers and grandfathers<\/strong> on both sides;<\/li>\n
  3. full uncles and aunts<\/strong>;<\/li>\n
  4. persons who lived with the testator as part of the same household for at least five years<\/strong> prior to the opening of the succession;<\/li>\n
  5. other relatives up to the sixth degree of kinship<\/strong>, as well as dependants<\/strong> of the testator.<\/li>\n<\/ol>\n

    Grandchildren inherit by right of representation<\/strong> \u2014 that is, the share of their deceased father or mother, if they predeceased the testator.<\/p>\n

    The fourth class<\/strong> \u2014 the most interesting and least well-known: a civil partner with whom a person has lived for more than five years is entitled to an inheritance if there are no heirs in the first three classes. However, the fact of cohabitation must be proven in court<\/strong>.<\/p>\n

     <\/p>\n

    \"Division<\/a><\/p>\n

    When shares are not equal<\/h2>\n

    Equal shares are the rule, but there are exceptions:<\/p>\n