Africa
Héritier (saisine) — Heir (vesting of right)
No grant and no intermediate office: the heirs are seised of the deceased’s property, rights and actions of right, subject to the obligation to discharge all the charges of the succession. The State, by contrast, must be put in possession by the court.
- Assigned
- Death of the deceased Deceased
- Starts
- Heirs are seised of plein droit of the property, rights and actions of the deceased, bound to discharge the charges of the succession Deceased
- Ends
- Succession liquidated and partitioned Estate administration
Something missing or wrong for Mauritius?
Code Civil Mauricien, art 724; Succession and Wills Act (Cap 203), s 37
Heir
Succession opens on death at the deceased’s domicile or residence, and from that day a person entitled by will or by law is called an heir — but only for as long as they accept it. Where someone has disappeared, succession opens instead on a final declaratory judgement of death.
- Assigned
- Succession opens on the death of a person, at their domicile or residence Deceased
- Starts
- From the day of the opening of succession the person entitled by will or by law is called an heir, as long as they accept it Deceased
- Ends
- Estate liquidated and the liquidator’s acts approved by the succession council Estate administration
Something missing or wrong for Rwanda?
Law nº 71/2024 of 26/06/2024 governing persons and family, art 354; Law nº 71/2024 of 26/06/2024 governing persons and family, art 388; Law nº 71/2024 of 26/06/2024 governing persons and family, art 387
Asia
Heir (继承人) — Heir
Succession begins at the moment the decedent dies. An heir who wants out must say so in writing before the estate is dealt with; saying nothing counts as acceptance. A legatee, by contrast, must accept within sixty days of learning of the legacy or is taken to have renounced.
- Assigned
- Succession begins on the death of the decedent; the estate is the lawful property they leave Deceased
- Starts
- Statutory succession applies, or a will, legacy or legacy-support agreement where there is one; an heir who does not renounce in writing before the estate is dealt with is taken to have accepted Deceased
- Ends
- The heir renounces in writing before the estate is dealt with Deceased
- The estate administrator divides the estate under the will or as the law provides Estate administration
Something missing or wrong for China?
中华人民共和国民法典第一千一百二十一条; 中华人民共和国民法典第一千一百二十二条; 中华人民共和国民法典第一千一百二十三条; 中华人民共和国民法典第一千一百二十四条; 中华人民共和国民法典第一千一百四十七条
Heir (相続人) — Heir
No grant: inheritance commences by death and the heir succeeds from that moment to every right and duty that belonged to the decedent’s property, except what was purely personal to them. The heir has three months from learning of the commencement to accept simply, accept with limitation, or renounce.
- Assigned
- Inheritance commences by death Deceased
- Starts
- From the time inheritance commences the heir succeeds to all rights and duties attaching to the decedent’s property, except those personal to the decedent Deceased
- Ends
- Simple or qualified acceptance, or renunciation, within three months of learning of the commencement; the Family Court may extend that period Estate administration
Something missing or wrong for Japan?
民法（明治二十九年法律第八十九号）第882条; 民法（明治二十九年法律第八十九号）第896条; 民法（明治二十九年法律第八十九号）第915条
Heir
Korea has no grant of representation: inheritance commences by death and the heir succeeds to the blanket rights and duties of the estate from that moment. The heir has three months from learning of the commencement to accept absolutely, accept with limitation, or renounce.
- Assigned
- Inheritance is commenced by death Deceased
- Starts
- The heir succeeds to the blanket rights and duties of the estate from the time inheritance commences, with no grant Deceased
- Ends
- Renunciation within three months of learning of the commencement, or the period passes with absolute acceptance Estate administration
Something missing or wrong for South Korea?
Civil Act (Republic of Korea), Article 997; Civil Act (Republic of Korea), Article 1005; Civil Act (Republic of Korea), Article 1019
Europe
Arving — Heir
The nearest heirs are the children, sharing equally. Where the heirs all ask and the estate can cover its debts, the estate is released to them for private administration.
- Assigned
- By the statutory order of succession or by will Capable
- Starts
- On death Deceased
- Ends
- Estate released to a bobestyrer instead, or administration completed Estate administration
Something missing or wrong for Denmark?
Arveloven, LBK nr. 1347 af 15. juni 2021 (bekendtgørelse af arveloven, oprindeligt lov nr. 515 af 6. juni 2007) § 1; Dødsboskifteloven, LBK nr. 1807 af 3. september 2021 § 36
Kuolinpesän osakas — Shareholder in the decedent's estate
The heirs, universal legatees and surviving spouse are the parties to the estate and, absent special administration, must administer it jointly.
- Assigned
- By status as heir, universal legatee or surviving spouse Deceased
- Starts
- On death Deceased
- Ends
- Estate handed to a pesänselvittäjä, or wound up Estate administration
Something missing or wrong for Finland?
Perintökaari 40/1965 18 luku 1 §; Perintökaari 40/1965 18 luku 2 §; Perintökaari 40/1965 19 luku 1 §
Héritier — Heir
Succession is universal and automatic: heirs designated by law are seised of right of the deceased's goods, rights and actions. Failing heirs and universal legatees, the estate goes to the State, which must apply to be sent into possession.
- Assigned
- Heirship by law, or universal legatee or donee under the will Capable
- Starts
- At death, of right — no grant and no court step Deceased
- Ends
- Succession settled and divided Estate closed
Something missing or wrong for France?
Code civil, art. 724
Erbe (Gesamtrechtsnachfolger) — Heir (universal successor)
German law has no default executor: on death the whole estate, including digital assets, passes automatically and immediately to the heirs as universal successors.
- Assigned
- By will or by the statutory order of succession Capable
- Starts
- Automatically at the moment of death — no grant or court act required Deceased
- Ends
- Estate distributed; Erbengemeinschaft wound up Estate closed
Something missing or wrong for Germany — federal law?
BGB § 1922
Heir (erede) — Heir
Succession opens at the moment of death, at the deceased’s last domicile. The estate is devolved by law or by will, but it is acquired by acceptance — and acceptance, once made, relates back to the moment succession opened. Acceptance may be pure and simple or with the benefit of inventory, which keeps the heir’s own property separate from the estate’s debts.
- Assigned
- Succession opens at the moment of death, at the place of the deceased’s last domicile, and is devolved by law or by will Deceased
- Starts
- The estate is acquired by acceptance, whose effect relates back to the moment succession opened; acceptance may be pure and simple or with the benefit of inventory Deceased
- Ends
- Where the person called has not accepted and is not in possession of estate assets, the court appoints a curator of the vacant estate Estate administration
Something missing or wrong for Italy?
Codice civile art. 456; Codice civile art. 457; Codice civile art. 459; Codice civile art. 470; Codice civile art. 528
Erfgenaam — Heir
Dutch succession is universal and automatic. At the moment of death the heirs step into the deceased's transmissible rights, possession and holdership of right, and become debtors of the debts that survive the death. There is no grant.
- Assigned
- Heirship by will or by intestacy Capable
- Starts
- At death, of right — no grant, no appointment and no court step Deceased
- Ends
- Estate divided among those entitled Estate closed
Something missing or wrong for Netherlands?
Burgerlijk Wetboek Boek 4, art. 4:182
Heredero — Heir
Rights to the succession transmit from the moment of death and the heirs succeed to all the deceased's rights and obligations by the mere fact of that death.
- Assigned
- By will or by law Capable
- Starts
- At the moment of death Deceased
- Ends
- Estate partitioned Estate closed
Something missing or wrong for Spain — state law?
Código Civil art. 661; Código Civil art. 657
Dödsbodelägare — Party to an estate
Unless separate estate administration is arranged, the surviving spouse or cohabitee, the heirs and universal legatees jointly administer the estate and represent it against third parties.
- Assigned
- By status as surviving spouse or cohabitee, heir or universal legatee Deceased
- Starts
- On death, where no separate administration is arranged Deceased
- Ends
- Estate handed to a boutredningsman, or the estate is wound up Estate administration
Something missing or wrong for Sweden?
Ärvdabalk (1958:637) 18 kap. 1 §; Ärvdabalk (1958:637) 19 kap. 1 §
Other
Erbe
The heir takes the whole estate — but not at death. Austria interposes a court transfer, the Einantwortung, and forbids anyone taking possession of an estate on their own authority. The canonical id's "and automatic" is what Austria breaks.
- Assigned
- By will or by law; the Erbrecht is "das absolute Recht, die ganze Verlassenschaft oder einen bestimmten Teil davon zu erwerben" (§532) Deceased
- Starts
- On Einantwortung, the court's handing over of the estate into the heirs' legal possession — §797 forbids taking possession eigenmächtig, and §547 dates universal succession to the Einantwortung Estate administration
- Ends
- The Einantwortung itself ends the Abhandlung; the heir then holds as owner and must enter immovables in the public books Estate closed
Something missing or wrong for Austria?
ABGB § 532; ABGB § 531; ABGB § 797; ABGB § 819; ABGB § 547
Erbe
Heirs acquire the estate as a whole at the moment of death by operation of law: claims, ownership, limited real rights and possession pass without more, and the deceased's debts become the heirs' personal debts. Where there are several, they hold the estate in an undivided community and must dispose of its rights jointly until it is divided.
- Assigned
- By law or by testamentary disposition — no appointment, and no grant Capable
- Starts
- The death itself: acquisition is by operation of law at that moment Deceased
- Ends
- Division of the estate, which ends the community of heirs Deceased
Something missing or wrong for Switzerland — federal law?
ZGB Art. 560; ZGB Art. 602
South America
Heredero — Heir
Death opens the succession and transmits the estate. Descendants, ascendants and the spouse are invested as heirs from the day of death with no formality and no judicial intervention, even if unaware; collateral and testamentary heirs must be invested by the succession judge.
- Assigned
- Real or presumed death opens the succession and transmits the estate to those called by will or by law Deceased
- Starts
- Descendants, ascendants and spouse are invested from the day of death without formality or judicial intervention; collaterals and testamentary heirs are invested by the judge Deceased
- Ends
- Renunciation, or the right to accept lapsing ten years after the succession opens, the heir then being treated as renouncing Estate administration
Something missing or wrong for Argentina?
Código Civil y Comercial de la Nación (Ley 26.994), artículo 2277; Código Civil y Comercial de la Nación (Ley 26.994), artículo 2337; Código Civil y Comercial de la Nación (Ley 26.994), artículo 2338; Código Civil y Comercial de la Nación (Ley 26.994), artículo 2287; Código Civil y Comercial de la Nación (Ley 26.994), artículo 2288
Herdeiro — Heir
On the opening of the succession the inheritance passes at once to the legitimate and testamentary heirs, without any grant or court act.
- Assigned
- By law or by will Capable
- Starts
- Immediately on the opening of the succession, that is on death Deceased
- Ends
- Partition homologated Estate closed
Something missing or wrong for Brazil?
Código Civil (Lei nº 10.406/2002), art. 1.784; Código Civil (Lei nº 10.406/2002), art. 1.991