Who inherits if there's no will?
See how an estate is shared in the Republic of Ireland when someone dies without a valid will (intestacy), under the Succession Act 1965.
Rules checked 30 September 2026 against Citizens Information and the Succession Act 1965.
After debts, funeral and administration costs
Children
Who inherits (no will)
| Who | Share | Amount |
|---|---|---|
| Spouse or civil partner | 2/3 | €200,000 |
| Child 1 | 1/2 of 1/3 | €50,000 |
| Child 2 | 1/2 of 1/3 | €50,000 |
- • Cohabitants have no automatic share, but a qualified cohabitant can apply to court for provision from the estate (Cohabitants Act 2010) — time limits are short.
- • A divorced former spouse has no automatic share. Debts, funeral and administration costs come out before anything is shared.
- • The person who applies for the grant (usually the next of kin) needs letters of administration from the Probate Office or a District Probate Registry.
Dealing with an estate?
A wills and probate solicitor can apply for the grant, trace relatives and handle tax. Inheritances may also be subject to Capital Acquisitions Tax.
Questions
What happens if someone dies without a will in Ireland?
Their estate is shared under the Succession Act 1965. A spouse or civil partner with no children takes everything; with children, the spouse takes two-thirds and the children share one-third. With no spouse, the children share everything equally. After that come parents, then brothers and sisters, then nieces and nephews, then the nearest relatives, and finally the State.
What if one of the children has already died?
If a child died before the parent and left children of their own, that child's share passes to their children, split equally between them.
Does a cohabiting partner inherit if there's no will?
Not automatically. A qualified cohabitant can apply to court for provision from the estate under the Cohabitants Act 2010, and strict time limits apply, so get legal advice quickly.
Who deals with the estate when there's no will?
Usually the next of kin applies for a grant of letters of administration from the Probate Office or a District Probate Registry. They then collect the assets, pay debts and tax, and share out the rest.
This calculator shows the general rules for a straightforward estate and isn't legal advice. Property held jointly, pensions and life policies with named beneficiaries, and assets outside Ireland can pass outside these rules. Ask a solicitor about a real estate.