Who inherits without a will in Haiti?
Haiti follows a civil-code tradition, in which the children inherit first and part of the estate is reserved for them.
Updated October 2026. Spotted a mistake? Tell us.
A general outline, not a checked profile
We have not yet researched Haiti line by line. This page describes how countries with the same legal tradition usually work, so that the map is not blank, and it can differ from the law in Haiti. Reliable, current information is hard to find for many African countries: laws are often not published online or not translated, customary and religious rules are unwritten or differ from one community to the next, and reforms are not always reported.
Can you help? If you know the rule in Haiti, or you work with its law, please email us what it says and where it is written. We will check it and update the page, with credit if you wish.
A spouse and children survive
In the civil-code tradition the children inherit first, normally in equal shares, and the surviving spouse takes a share set by the code or a right to use part of the estate.
A spouse survives, but no children
A spouse with no children usually shares the estate with the parents and other ascendants, and takes the whole estate if there are none.
No spouse: who comes next
Children first, then the parents and other ascendants, then the brothers and sisters, then more distant relatives up to a set degree, and finally the state.
A partner who is not married
Some countries recognise a stable de facto union for inheritance after a set period of living together; otherwise an unmarried partner has no automatic right.
What a will cannot take away
Civil-code countries reserve part of the estate for the children, and often for the parents or the spouse, so a will cannot leave them nothing.
If the person or the property is abroad
The law of the place where land lies usually governs the land, and the law of the person's last home usually governs the rest. An estate with a foreign element needs advice in the country.
Understand the legal system first
Haiti 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 Haiti legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Haiti? →
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.

