{"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":"2026-09-14T17:42:04","modified_gmt":"2026-09-14T14:42:04","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 by classes<\/strong>, and within a class the shares are equal<\/strong> (Art. 1267 of the Civil Code). While there is only one heir, the rule works by itself. Dividing an intestate estate becomes a problem when there are several heirs and the property is indivisible<\/strong>: one flat for three children, one car, one shareholding. A flat cannot physically be cut into three equal parts, and it is over this that families fall out for years.<\/p>\n

The law offers two routes. An agreement between the heirs<\/strong> before a notary: two to three weeks, with costs limited to a valuation and the notary\u2019s fee. Or the court<\/strong>: where no agreement can be reached, someone is hiding assets, or a deadline has been missed. On this page we go through both, the classes of heirs, and how indivisible property is divided.<\/p>\n

<\/svg>+38 095 554-54-24<\/span><\/a>legal consultation<\/span><\/div>\n

The five classes of heirs<\/h2>\n

Each class inherits only if there are no heirs<\/strong> of the previous one, and also where all of the previous class renounced, did not accept the estate, or were excluded from inheriting (Arts. 1258, 1261\u20131265 of the Civil Code):<\/p>\n

  1. the deceased\u2019s children<\/strong> (including those conceived in their lifetime and born after their death), the surviving spouse<\/strong>, the parents<\/strong>;<\/li>
  2. full brothers and sisters<\/strong>, grandparents<\/strong> on both sides;<\/li>
  3. uncles and aunts<\/strong>;<\/li>
  4. persons who lived with the deceased as one family for at least five years<\/strong> before the estate opened;<\/li>
  5. other relatives up to the sixth degree of kinship<\/strong>, and the deceased\u2019s dependants<\/strong> who were not members of their family.<\/li><\/ol>
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    Grandchildren inherit by representation<\/strong> (Art. 1266 of the Civil Code): they take the share of their father or mother who died before the deceased and divide it between them equally.<\/p><\/div><\/div>\n

    The fourth class<\/strong> is usually the least known: an unmarried partner who lived with the deceased as one family for at least five years inherits if there are no heirs in the first three classes. The fact of living together is established by the court<\/strong>. In our experience the court accepts it where there is joint registration of residence or a long-standing actual address, evidence from neighbours and relatives, shared expenses (utilities, purchases, medical treatment), and joint photographs and correspondence from those years.<\/p>\n

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

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

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