Who inherits without a will in Peru?

The spouse and the children inherit shares together

In Peru the spouse inherits a share equal to each child's, and a share equal to each parent's.

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 a share equal to each child's.

A spouse survives, but no children

With the parents or other ascendants the spouse takes a share equal to each of theirs. With none, the spouse takes everything.

No spouse: who comes next

Children and other descendants first; then the parents and other ascendants; then the siblings; then relatives up to the fourth degree. If there is no heir, the estate goes to public welfare.

A partner who is not married

A stable union of at least two years that meets the legal conditions is treated like a marriage for inheritance.

What a will cannot take away

Descendants, parents and the spouse are forced heirs. With children or spouse, a will can freely dispose of only a third of the estate.

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

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

Official sources

Ministry of Justice of Peru

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.