Death of a loved one without a will: what happens?

In Switzerland, nearly 60% of deaths occur without a will having been established. In this case, it is the law that automatically determines who inherits, in what order and according to what proportions. This is referred to as intestate succession or statutory succession.

This common situation raises many questions for loved ones: who are the legal heirs? What share goes to the spouse? How does the procedure actually work? Do cohabitants have any rights? These are all legitimate questions in the face of an already emotionally challenging situation.

A death without a will does not mean legal chaos. The Swiss Civil Code provides for a precise and structured distribution system, based on family ties. Understanding these rules allows you to anticipate the division of the inheritance and avoid certain conflicts between heirs.

This guide explains step by step how succession works in the absence of a will: the hierarchy of legal heirs, the stages of the succession procedure, and the particular situations that can complicate the division. You will also find practical advice for managing this delicate period as well as possible. For the initial administrative formalities, consult our guide on the first steps after a death.

What is intestate succession?

When a person dies without having written a will, this is referred to as intestate succession. In this case, it is the Swiss Civil Code that automatically determines who inherits and in what proportions.

This legal system, provided for in articles 457 and following of the CC, establishes a clear hierarchy of heirs. The law provides for everything: even without a will, your loved ones are not left without a solution. The division follows precise rules based on family ties.

The hierarchy of legal heirs in Switzerland

Swiss law organises legal heirs into three parentelas (orders of priority). Each parentela excludes the next: if heirs of the first parentela exist, those of the second do not inherit.

This hierarchy ensures that the estate remains within the close family. The spouse or registered partner occupies a particular position: they always inherit in competition with the other parentelas.

First parentela: descendants

The first parentela includes all direct descendants: children, grandchildren, great-grandchildren. Children inherit in equal shares.

If a child died before the deceased, their own children inherit their share (right of representation). All children have the same rights, whether they are biological, adopted, born within marriage or outside marriage.

This is the priority parentela: as long as descendants exist, the other parentelas are excluded.

Second parentela: parents and their descendants

This parentela applies only if the deceased has no descendants. Parents inherit as a priority.

If the parents are deceased, their children (brothers and sisters of the deceased) inherit their share. If a brother or sister is deceased, their children (nephews and nieces of the deceased) inherit by representation.

The division is made by family branch: half on the paternal side, half on the maternal side.

Third parentela: grandparents and their descendants

This parentela rarely applies: only if no heir of the first two exists.

Grandparents inherit as a priority. If they are deceased, their descendants (uncles, aunts, cousins of the deceased) inherit by representation.

If no heir of this parentela exists, the succession goes to the canton or commune of the last domicile.

What is the share of the spouse or registered partner?

The surviving spouse or registered partner always inherits, in competition with the other parentelas. Their shares vary according to the situation:

1/2 of the estate if there are descendants (first parentela)
3/4 of the estate if there are parents, brothers or sisters (second parentela)
100% of the estate if there are only heirs of the third parentela or no heirs

Warning: cohabitants have no legal right to inheritance without a will. To protect them, a will is essential.

The practical steps of the succession procedure

Settling a succession without a will follows a procedure governed by law. Several administrative steps are necessary to identify the heirs, assess the estate and proceed with the division.

This procedure can take several months depending on the complexity of the situation. For a detailed timeline, consult our guide on the deadlines and steps for settling an estate in Switzerland.

Opening of the succession and summoning of heirs

The competent cantonal authority officially opens the succession as soon as it is informed of the death. It searches for and summons all identifiable legal heirs.

The heirs have a period of one month to declare whether they accept or refuse the succession. To find out the first steps to take, consult our article on what to do immediately after a death.

Inventory and valuation of the estate

The heirs must establish a complete inventory: assets (real estate, bank accounts, life insurance, vehicles) and liabilities (debts, loans, unpaid bills).

This step is crucial to know the net value of the succession. In case of a complex situation, you can request an official inventory from the authority. Consult our guide to administrative formalities for the complete list of documents.

Division of the succession between heirs

The division of the inheritance is ideally done amicably by agreement between all the heirs. Each receives their share according to the legal quotas.

In case of disagreement, a judicial division can be requested. The use of a notary is recommended to secure the operation, particularly for real estate. The timescales vary according to the complexity and any conflicts.

Points to consider and particular situations

Certain situations complicate the succession procedure. It is important to know your rights and the pitfalls to avoid in order to make the right decisions.

These particular cases often require legal support to protect your interests and avoid mistakes with significant consequences.

Acceptance or renunciation of the succession

You have the right to refuse a succession (renunciation), particularly if the debts exceed the assets. This decision must be notified to the authority within a period of three months.

Warning: if you start managing the deceased's assets (selling, collecting), you tacitly accept the succession. Acceptance makes you liable for the debts. Weigh the consequences carefully before acting.

Risks of disputes between heirs

Conflicts between heirs are common in the absence of a will. Disagreements often concern the valuation of assets, divisions perceived as unequal or indivisible assets (family home).

Family mediation or legal support can defuse tensions. A well-drafted will could have avoided many of these conflicts by clarifying the wishes of the deceased.

Case of cohabitants and blended families

Important warning: cohabitants inherit nothing in the absence of a will, regardless of the length of time living together. Only marriage or registered partnership confers rights.

In blended families, stepchildren are not legal heirs (except by adoption). To protect your partner or your stepchildren, a will is essential.

What to do if you are in this situation?

Faced with a death without a will, several practical steps will help you manage the succession calmly. Here are the reflexes to adopt and the resources available.

Take the necessary time: the law provides for reasonable deadlines to organise yourself.

First reflexes to adopt

First of all, check that there really is no will: consult the family notary, bank vaults and the cantonal register of wills.

Then contact the succession authority of your canton. Gather important documents (death certificate, identity documents, bank documents). Do not rush into the division: wait until you have a complete view of the situation.

Getting support

A notary secures the procedure and guarantees compliance with legal rules. In case of conflict, a lawyer specialising in inheritance law protects your interests. Family mediation helps to find amicable solutions.

To inform loved ones and publish an obituary, Wolky supports you with a simple and respectful solution at 180 CHF.

When a loved one dies without a will, Swiss law provides for a precise legal framework: intestate succession. Heirs are designated according to a strict hierarchy by parentelas, with particular protection for the spouse or registered partner. This system guarantees an equitable distribution of the estate, but can sometimes generate family tensions.

The procedural steps remain the same: summoning of heirs, inventory of the estate, then division. Each heir has the right to accept or refuse the succession. Particular situations, especially for cohabitants or blended families, require specific attention.

Faced with this situation, act methodically. Gather the essential documents, contact the competent authority and do not hesitate to consult a notary or specialist lawyer. If you need to publish an obituary to inform those around you, Wolky supports you with a simple and respectful solution at 180 CHF.