What happens if there is no will? The order of inheritance explained
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Fact-checked: October 1, 2026 · Swedish Inheritance Code (Ärvdabalken) Chapters 2–5.
If there is no will, the Inheritance Code determines who inherits. The outcome depends primarily on whether the deceased was married, had children, or had other relatives. Cohabitants do not have the same automatic right of inheritance as spouses.
First class of heirs – children and their descendants
The deceased's children are direct descendants and constitute the first class of heirs. The children take equal shares. If a child has passed away, the child's descendants take their place according to the right of representation (istadarätten).
Example: If an unmarried person leaves behind two children and no will, the children as a main rule split the estate equally after the death estate's debts and expenses have been settled.
Second class of heirs – parents, siblings, and nieces/nephews
If there are no direct descendants, the inheritance passes to the deceased's parents according to Chapter 2, Section 2 of the Inheritance Code. If a parent is deceased, their children—the deceased's siblings—take their place. If a sibling is deceased, the sibling's descendants may take their place.
Third class of heirs – grandparents and their children
If there are no heirs in the first two classes, the inheritance passes to grandparents. If any of them are deceased, their children take their place—that is, the deceased's aunts and uncles. Cousins, however, have no legal right of inheritance under this order.
What happens if the deceased was married?
The rules for a surviving spouse in Chapter 3 of the Inheritance Code affect the order. If the deceased only has common children, the surviving spouse normally inherits first, with a right of free disposition (fri förfoganderätt). The common children then normally receive their inheritance as a secondary inheritance (efterarv) when the surviving spouse later passes away.
Children from previous relationships (Särkullbarn)
Children who are not also the children of the surviving spouse—särkullbarn—generally have the right to receive their share of the inheritance from their parent immediately. A särkullbarn may waive their inheritance in favor of the surviving spouse and instead receive a right to secondary inheritance according to the provisions of the law.
Surviving spouse's minimum protection
Chapter 3, Section 1 contains a protection stating that the surviving spouse, as far as the estate reaches and after taking into account what the spouse received through the division of matrimonial property or as separate property, has the right to assets corresponding to four price base amounts. The specific calculation can therefore affect what other heirs receive immediately.
What applies to cohabitants?
Cohabitants do not inherit from each other according to the legal order of succession. The Cohabitees Act may give the surviving cohabitant the right to request a division of common household property, but that is a different matter from inheritance.
Anyone who wants a cohabitant to receive a part of the estate therefore normally needs a will. If there are direct descendants, the rules regarding the legal minimum share (laglott) must be respected.
If there are no heirs
If there are no heirs according to the legal order of succession and no will governs the estate, the inheritance may fall to the Allmänna Arvsfonden (General Inheritance Fund) according to Chapter 5 of the Inheritance Code.
What can a will change?
A will can govern the estate in a different way than the legal order of succession, but not without limits. A direct descendant's legal minimum share (laglott) is half of their statutory inheritance share, and the surviving spouse has a special statutory minimum protection.
Hypothetical examples
Unmarried with two children
Anna is unmarried and has two children. Without a will, the children generally inherit half each.
Married with two common children
Bo is married and has two children with his spouse. Without a will, the spouse normally inherits first and the children receive their share later.
Married with one child from a previous relationship
Cecilia is married and has a child from a previous relationship. The child generally has the right to receive their share from Cecilia immediately, with reservation for the surviving spouse's statutory protection.
Cohabitant without children
David lives with his cohabitant but they are not married. Without a will, the cohabitant does not inherit from David through the order of succession. The inheritance instead goes to his legal heirs.
When is a will particularly relevant?
- You are a cohabitant and want your partner to inherit.
- You have children from previous relationships and want to plan the balance between your surviving spouse and those children.
- You want the inheritance to be the recipient's separate property (enskild egendom).
- You want to give specific property or a share to someone outside the legal order of succession.
- You want to benefit an organization or other recipient.
- You own a business or other property where a well-considered distribution is important.
For formal requirements, read the main guide on wills.
Mallbutiken's Will Template – Word/PDF costs 49 SEK. Always adapt the content to your family situation and follow the formal requirements for signing and witnessing.
