Who inherits without a will in Venezuela?

The spouse and the children inherit shares together

In Venezuela the spouse inherits a share equal to each child's, and half of the estate with the parents or siblings.

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 the siblings the spouse takes half of the estate. With none of them, the spouse takes everything.

No spouse: who comes next

Descendants first; then the parents; then the siblings; then other relatives up to the fourth degree. If there is no heir, the estate goes to the nation.

A partner who is not married

A stable union of fact is treated like a marriage for inheritance if it meets the legal conditions.

What a will cannot take away

Descendants, parents and the spouse have a reserved share (the 'legítima') that a will cannot take away.

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

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

Official sources

Supreme Tribunal of Justice of Venezuela

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.