Who inherits the inheritance from the childless?

The drop in the childless does not vanish into the air – individual has to take it. The law strictly defines how and between which persons it will be separated. It provides for 2 situations: erstwhile the deceased individual left a will and erstwhile there is no specified document. In the second case, statutory succession shall apply. We explain who inherits the inheritance from the childless deceased and what the full procedure is about.

If a childless individual has left a will, preferably written notarically, this paper solves all issues of inheritance. The will is opened with the notary and his orders are indisputable. If, however, the deceased has not left a will, any doubts will resolve the statutory succession.

What is statutory inheritance? Order of succession

In the absence of a will or in the event that part of the property is not distributed, statutory inheritance shall apply. Its provisions specify precisely to whom, in what order and in what part, the deceased, besides childless, should fall. The order of statutory succession shall be strictly defined by law:

first group: spouse and descendent (children) heir;

• the second group: the spouse and the parents of the heir;
• third group: spouse and siblings of the heir; 4th group: grandparents of the heir;
• Fifth group: stepdaughters of the heir; sixth group: municipality
• the last residence of the heir and the Treasury.

In case the heirs deficiency the first group, the next in line for the inheritance are the lower group.

Who and how many inherit from a childless child? Close Order

In the case of a individual who has not left the descendents, much depends on the structure of her further and closer family. So who inherits the inheritance from the childless? The succession is as follows:

if the childless had a spouse and parents, the spouse inherits 50% of the inheritance mass, parents after 25%;

• if the childless had a spouse, but the parents are dead, the spouse inherits 50% of the inheritance mass, and the descendent parents, or siblings of the deceased, inherit the second half divided into equal parts;
• if the childless has no surviving parents or siblings, the spouse inherits 100 percent of the estate; if the childless has no spouse, his parents inherit the inheritance by half;
• if the childless had no spouse, parents, or siblings—the value of the inheritance is shared between his grandparents, and if they are not, their descendants, or aunts and uncles, and if they are not, their descendants;
• if the childless had no closer family, the inheritance passes to the municipality, which was the last residence of the heir or the Treasury.

The succession proceedings shall be carried out by the court competent for the last residence of the heir.

Who is excluded from inheritance after childless?

Those who renounced the inheritance are excluded from childless inheritance. Thus, they deprived the anticipation of inheriting their descendents, or children and grandchildren. If the spouse of the succession has received divorce or separation papers prior to his death indicating that he is guilty of the dissolution of the union, he shall besides be excluded from the succession proceedings. Sometimes the statutory inheritance is uru and is undermined by the will. In specified a case, the right to inheritance may be deprived of persons who have committed gross abuse or negligence in relation to the heir.

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Daniel Głogowski

Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.