Who gets the inheritance if there is no will and no children?

When a person dies without leaving a will, the so-called legitimate succession arises: the law determines who inherits and how much. The situation becomes particularly interesting, and often a source of doubt, when there are no children. Who inherits in these cases: the spouse, parents, or siblings?

In the absence of a will, the deceased's estate is distributed according to the rules established by the Civil Code, which identifies a precise hierarchy of subjects entitled to the inheritance. This hierarchy is not random; it reflects the degree of kinship and legal connection to the deceased.

If there are no children (neither biological nor adopted), the law looks first to other close family members, starting with the spouse.

When the deceased leaves no children but is married, the spouse plays a central role in the succession. The estate is divided 2/3 between the spouse and the remaining 1/3 between the parents and/or siblings of the deceased.

If there are no children, parents, or siblings of the deceased, the spouse inherits the entire estate.

It is important to remember that the spouse, in addition to the inheritance share, also retains specific rights, such as the right to live in the marital home, if it is owned by the deceased.

However, when the deceased was not married (or divorced) and has no children, the law moves to the next level of kinship: the heirs will be one or both parents if they are still alive, or if the parents are no longer alive, the siblings of the deceased will take over.

In the presence of both Brothers and sisters: The inheritance is divided equally, with one distinction: full siblings (same parents) receive double the share of siblings (same father or mother).

In the absence of children, spouse, parents, brothers, and sisters, the inheritance passes to other relatives up to the sixth degree, always following the criterion of kinship: grandparents, uncles, aunts, and cousins.

What happens if the deceased dies without relatives and a will?

Only in an extreme case does the inheritance go to no family member, when there is no relative up to the sixth degree. In this case, the estate is acquired by the State.

In this case, the State does not can renounce the inheritance and is also liable for inheritance debts only to the extent of what is received.

Many think that, in the absence of children, "the spouse will inherit" or "the law will take care of it," legitimate succession can lead to unexpected results, such as the division of assets with relatives with whom the deceased may not have had any relationship.

Drafting a will allows you to consciously choose beneficiaries, avoid family conflicts, protect your partner (especially if unmarried), and allocate assets to people or entities that the law would not automatically protect.

In fact, if the deceased was cohabiting but not married, under Italian law, cohabitation is not equivalent to marriage when it comes to inheritance and therefore without The cohabiting partner's children are not included in the inheritance, even if they lived in the same house and had been living together for many years.

If there are no children and no will, the inheritance does not end in nothing; the law identifies a precise chain of heirs, starting with the spouse and ending, only as a last resort, with the State.

Knowing these rules is essential to understanding what happens to your assets and, above all, to deciding whether to let the law decide or do it yourself. If you need advice on this matter, you can contact the Agenzia delle Successioni.