What do legal heirs receive?

Overview

In addition to the spouse, legal heirs are the relatives of the deceased. The latter are divided into orders according to their relationship to the deceased. Relatives of a higher order exclude relatives of subsequent orders from the succession.

Legal heirs of the first order

• Descendants of the deceased, e.g. children, grandchildren, great-grandchildren

Legal heirs of the second order

• Parents of the deceased and their descendants, e.g. brothers and sisters, nephews, nieces

Legal heirs of the third order

• Grandparents of the deceased and their descendants, e.g. uncles, aunts, cousins

Legal heirs of the fourth order

• Great-grandparents of the deceased and their descendants, e.g. great-aunts, great-uncles, great-cousins, great-cousins

Legal heirs of higher order

• Distant ancestors of the deceased and their descendants

How inheritance quotas are determined

Whoever is alive at the time of the deceased's death is eligible to inherit. However, an heir can also be a child who is still unborn at that time if it has already been conceived and is later born alive. Adopted children - in contrast to stepchildren and foster children - have the same status as natural children.
How much of the inheritance is due to the respective legal heirs is determined by the so-called inheritance quotas. This is determined by the deceased's circumstances at the time of his death, such as whether he was married, the matrimonial property regime he lived in and his relationship to the other legal heirs.

Example 1:

At the time of death, the deceased lived in a community of accrued gains (i.e. without a marriage contract) and had two children. According to the law, the spouse inherits ½, the children inherit ¼ each.

Example 2:

The deceased lived in a community of accrued gains at the time of death, was childless, but had two siblings. According to the law, the spouse inherits ¾, the siblings ⅛ each.

Example 3:

At the time of death, the deceased lived in separation of property (i.e. with a marriage contract) and had two children. According to the law, the spouse and the children inherit ⅓ each.