Who inherits without a will in Colombia?
In Colombia the children inherit first; the spouse keeps half of the shared property but inherits from the estate only with the parents or siblings.
Updated October 2026. Spotted a mistake? Tell us.
A spouse and children survive
The children inherit the estate. The spouse does not inherit alongside them but keeps their half of the marital property, and may claim a 'conjugal portion' if they have no means.
A spouse survives, but no children
The spouse takes a half with the parents or other ascendants (the second order) and a half with the siblings (the third). With none of them, the spouse takes everything.
No spouse: who comes next
Five orders: descendants; ascendants (with the spouse); siblings (with the spouse); nephews and nieces; and finally the Colombian Institute of Family Welfare.
A partner who is not married
A permanent partner (compañero permanente) is treated like a spouse after living together for two years.
What a will cannot take away
About half of the estate is reserved for the heirs by law; the rest can be freely left by will.
If the person or the property is abroad
The country has its own rules on which law governs an estate. An estate with a foreign element needs advice in each country involved.
Understand the legal system first
Colombia belongs to the Civil law family. Succession law grows out of the legal tradition, so it helps to know how the system works.
Read the Colombia legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Colombia? →
Official sources
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TheLawToKnow Tools’s inheritance guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
