Inheritance Share Calculator
Calculates the shares set by law (statutory inheritance shares) when there is no will. Enter the heirs and the value of the estate to see each person's ratio and amount right away.
Heirs
Based on the person who died (the decedent), enter the family members who were alive on the date of death.
Spouse
Only a legally registered spouse counts. A divorced spouse or a common-law (unregistered) spouse is not an heir.
Children
Adopted children and children born outside marriage who have been acknowledged are treated the same. If a child died before the decedent, choose 'Died earlier' and enter that child's children and spouse.
- Child 1
- Child 2
If there are children (or grandchildren inheriting in their place), parents and siblings do not become heirs.
Estate (optional)
If you enter it, we also show each person's amount. If there are debts, enter the amount after subtracting them.
Statutory inheritance shares
1st rank: children and other lineal descendants (with the spouse)
| Heir | Share | Ratio |
|---|---|---|
| Spouse | 3/7 | 42.86% |
| Child 1 | 2/7 | 28.57% |
| Child 2 | 2/7 | 28.57% |
How we calculated this
- 1Order of heirs: 1st rank: children and other lineal descendants (with the spouse). If there are heirs of an earlier rank, later ranks receive nothing.
- 2The spouse receives 1.5 times the share of each child (or parent) inheriting together. So the estate is divided in the ratio of 3 for the spouse and 2 for each of the others.
- 3All shares are shown with the same denominator (7). The values in brackets are reduced fractions.
Not included in this calculation
- If there is a will, the will comes first. However, if an heir receives less than the minimum share secured by law (the reserved share), they can claim it separately.
- A person who renounced the inheritance is treated as never having been an heir. Remove that person and calculate again.
- Property received in advance (special benefits) and the share for having cared for and supported the decedent for a long time (contribution share) are considered separately when the estate is actually divided.
- Cases where a grandchild also died earlier (representation at a further level) and unborn children cannot be entered in this calculator.
- Inheritance share
- The ratio set by law in which each heir divides the estate.
- Decedent
- The person who died and left the property.
- Lineal descendants · lineal ascendants
- Blood relatives in the line below, such as children and grandchildren, and blood relatives in the line above, such as parents and grandparents.
- Inheritance by representation
- When a child or sibling who would have been an heir died earlier, that person's children and spouse inherit in their place.
Frequently asked questions
- What is the order of heirs?
- The 1st rank is children and other lineal descendants, the 2nd rank is parents and other lineal ascendants, the 3rd rank is siblings and the 4th rank is collateral blood relatives within the fourth degree; if there is an heir of an earlier rank, later ranks do not inherit (Civil Act, Article 1000). The spouse inherits together with the 1st or 2nd rank, and inherits alone if there are no children and no parents (Civil Act, Article 1003).
- What is the spouse's statutory share?
- The spouse receives 1.5 times the share of each child (or parent) inheriting together (Civil Act, Article 1009). For example, with a spouse and 2 children the estate is divided 3 : 2 : 2, so the spouse receives 3/7 and each child 2/7.
- What happens to the share of a child who died before the parent?
- That child's share goes to the child's own children and spouse in their place (inheritance by representation, Civil Act, Articles 1001 and 1010), and within that share it is divided again 1.5 for the spouse to 1 for each child. If there is no one to inherit in their place, that share goes to the other heirs.
- Can a common-law spouse or a divorced spouse inherit?
- Only a legally registered spouse is an heir. A divorced spouse or a common-law (unregistered) spouse is not an heir.
This is a reference calculation based on the ratios set by the Civil Act. A will, renunciation of inheritance, property received in advance (special benefits) and contribution shares can change what each person actually receives. Talk to a lawyer before making any decision.
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