Ireland

I died without making a will. How is my estate distributed?

Spouse: 1/2

Spouse's share if children exist

Children: 1/2

Children's collective share if spouse alive

Spouse: 2/3

Spouse's share if no children

Parents: 1/3

Parents' share if no spouse or children

The Short Answer

If you die without a will in Ireland, your estate is distributed according to the rules of intestacy in the Succession Act 1965 — typically to your spouse and children first, with specific shares depending on family structure.

What the Law Says

When someone dies without making a valid will in Ireland, their estate is distributed according to the statutory rules of intestacy set out in the Succession Act 1965. Section 67 is the key provision governing how assets are shared among surviving relatives.

The law prioritises close family members. If you leave behind both a spouse and children, your spouse receives one-half of your estate, and your children share the other half equally.

If you have a spouse but no children, your spouse inherits two-thirds of your estate, and your parents (if living) receive the remaining one-third. If your parents are not alive, the spouse inherits the entire estate.

If you have children but no spouse, your children inherit everything in equal shares. If a child has already died but left grandchildren, those grandchildren step into their parent’s place and share that portion.

If there is no spouse, no children, and no living parents, the estate passes to other relatives in a defined order — including siblings, grandparents, aunts and uncles — following strict statutory rules.

Statutory Text
Where a person dies intestate, his estate shall be distributed in accordance with the provisions of this Part of this Act.
— Succession Act 1965, s. 67 — Intestacy

What to Do

Confirm whether the deceased made a valid will (check with solicitors, banks, or the Probate Office).

Identify all surviving next-of-kin (spouse, civil partner, children, parents, siblings) as defined by the Succession Act 1965.

Apply for a Grant of Administration through the Probate Office to legally manage and distribute the estate.

Distribute assets strictly according to the shares set out in section 67 — do not assume informal agreements override the law.

Seek legal advice from a solicitor experienced in probate, especially if the family situation is complex (e.g., stepchildren, estranged relatives, or foreign assets).

Sources

statuteSuccession Act 1965, s. 67 — Intestacy

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.