Who inherits without a will in Indonesia?
In Indonesia Muslims follow fixed Islamic shares under the Compilation of Islamic Law, while others follow the Civil Code or customary law.
Updated October 2026. Spotted a mistake? Tell us.
A spouse and children survive
A wife takes one eighth and a husband one quarter. The children take the rest, a son twice the share of a daughter.
A spouse survives, but no children
With no children a wife takes one quarter and a husband one half. The parents and siblings have their own fixed shares.
No spouse: who comes next
Children, the parents, the siblings and other relatives have fixed shares, and the nearest male relatives take the remainder.
A partner who is not married
An unmarried partner does not inherit.
What a will cannot take away
A Muslim can freely will away only up to a third of the estate, and not to an heir without the others' consent.
If the person or the property is abroad
Which law applies can depend on the person's religion and nationality, so a foreign estate needs advice in the country.
What to watch for
- Non-Muslims follow the Civil Code (where the spouse inherits with the children) or local customary law, so the answer depends on the person's religion and community.
Understand the legal system first
Indonesia 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 Indonesia legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Indonesia? →
Official sources
Other countries
AlbaniaAlgeriaArgentinaArmeniaAustraliaAustriaAzerbaijanBelarusBelgiumBosnia and HerzegovinaBrazilBulgariaCanadaChileChinaColombiaCroatiaCyprusCzechiaDenmarkEgyptEstoniaFinlandFranceGeorgiaGermanyGreeceHong KongHungaryIcelandIndiaIrelandIsraelItalyJapanJordanKazakhstanKenyaKuwaitLatviaLebanonLithuaniaLuxembourgMalaysiaMaltaMexicoMoldovaMontenegroMoroccoNetherlandsNew ZealandNorth MacedoniaNorwayPakistanPeruPhilippinesPolandPortugalQatarRomaniaRussiaSaudi ArabiaSerbiaSingaporeSlovakiaSloveniaSouth AfricaSouth KoreaSpainSwedenSwitzerlandTaiwanThailandTunisiaTurkeyUkraineUnited Arab EmiratesUnited KingdomUnited StatesUzbekistanVenezuela
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.
