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Who inherits without a will in Sweden?

The spouse takes the whole or the larger part

In Sweden the surviving spouse comes first, and the children inherit from the spouse later; the spouse's own estate share is protected.

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 first. Children and grandchildren of both spouses wait and inherit when the second spouse dies. A child who is the deceased's alone (not the spouse's) can claim their share immediately. The surviving spouse is also entitled to a minimum amount set by law if the estate is large enough.

A spouse survives, but no children

If the person was married, the estate goes to the surviving spouse. The statutory minimum amount rule also applies.

No spouse: who comes next

Heirs form three classes, sharing equally within each: first, children or grandchildren; second, parents and siblings, only if no one in the first class is alive; third, grandparents and their children, only if no one in the first or second class is alive. If there are no heirs, the estate goes to the General Inheritance Fund.

A partner who is not married

A cohabiting partner (sambo) does not inherit by law, but is a party to the estate and the couple's home and household goods are normally divided between them. A will is needed to leave more.

What a will cannot take away

Children and grandchildren are entitled to a statutory portion of half their intestate share, which a will cannot reduce.

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.

What to watch for

  • A Swedish will often has to be drawn up carefully if the aim is to leave the estate to the children first rather than the spouse.

Understand the legal system first

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

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.