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Who inherits without a will in Estonia?

The spouse and the children inherit shares together

In Estonia the spouse inherits a share equal to a child's, never less than a quarter, and half the estate when there are no children.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what applies when there is no valid will. Succession law is reformed often, a will changes everything, and the rules for an estate with a foreign element are complex. This is general information, not legal advice.

A spouse and children survive

The spouse inherits an amount equal to a child's share, but never less than one quarter of the estate.

A spouse survives, but no children

With the parents and their descendants the spouse takes half the estate. If there are no descendants or parents, the spouse takes everything.

No spouse: who comes next

Descendants first, then the parents and their descendants, then the grandparents and their descendants. If nobody inherits, the local government of the place where the estate opened inherits (or the Republic of Estonia, if the person lived abroad).

A partner who is not married

The official fact sheet does not describe rights for unmarried or registered partners. Treat an unmarried partner as having no automatic right and take advice.

What a will cannot take away

A descendant, parent or spouse who receives less than their intestate share can claim a money payment of half of that share. A surviving spouse may also claim the right to use the home if their standard of living would otherwise fall.

If the person or the property is abroad

In this EU country the Succession Regulation applies to people who die after 16 August 2015: the whole estate is generally governed by the law of the country where the person had their habitual residence at death, unless they chose the law of their nationality in a will. A foreigner living here, or a citizen living abroad, can therefore be governed by a different law than the one described on this page.

Understand the legal system first

Estonia 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 Estonia legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Estonia? →

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.