IrelandWhat is the order of distribution on intestacy?
When someone dies without a will in Ireland, their estate is distributed according to the order set out in section 67 of the Succession Act 1965 — first to the spouse and children, then to other relatives if no spouse or children survive.
What the Law Says
The order of distribution when a person dies intestate (without a valid will) in Ireland is governed exclusively by section 67 of the Succession Act 1965. This section sets out a strict hierarchy of next-of-kin who inherit, depending on who survives the deceased.
If the deceased is survived by a spouse but no children, the spouse inherits the entire estate.
If the deceased is survived by both a spouse and children, the spouse receives two-thirds of the estate and the children share the remaining one-third equally.
If there is no surviving spouse but there are children, the children inherit the whole estate in equal shares.
If there are no spouse or children, the estate passes to other relatives in this order: parents, siblings, nieces/nephews, grandparents, aunts/uncles, and finally cousins — all subject to strict rules of representation and survival.
No person is entitled to inherit unless they survive the deceased by at least 30 days.
Statutory TextWhere a person dies intestate, his estate shall be distributed in accordance with the provisions of this section.
— Succession Act 1965, s. 67 — Distribution on intestacy
What to Do
Confirm whether the deceased left a valid will — if not, intestacy rules apply.
Identify all surviving relatives in the statutory order (spouse, children, parents, siblings, etc.).
Calculate entitlements using the fixed shares in section 67 (e.g., 2/3 to spouse if children exist).
Apply for a Grant of Administration from the Probate Office to manage and distribute the estate.
Distribute assets strictly in line with section 67 — deviations require court approval.
Sources
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.