Inheritance without a will: order of heirs, shares, documents

When a loved one passes away and no will is left, the property is divided according to rules the person did not choose. The order of heirs, the share, the time limit — all of this is determined by law, not by the family's wishes. In Almaty this is compounded by apartments, cars, shares in LLPs, deposits and plots of land, all registered in different ways. A mistake at the outset is costly: a missed deadline, an incorrectly determined order of heirs, a dispute with a relative — any of these sends the matter back to court and delays formalisation for months.

We go through it step by step: who receives the property and in what order, how shares are calculated, who is entitled to a compulsory share, where to go and with which documents. Separately — the deceased's debts, inheritance abroad and the typical mistakes that prevent property from being formalised at the first attempt.

Inheritance without a will: who receives the property and in what order

If a person dies without leaving a will, their property is distributed not according to their wishes but according to the rules of law. In Kazakhstan such inheritance without a will proceeds by law, and the right to inherit without a will passes to the relatives of the deceased. This is precisely why the situation concerns you directly: if you are a close relative, the law has already included you in the circle of possible heirs, even where the deceased signed no documents.

The order of heirs by law in Kazakhstan is arranged by degree of kinship: the closer the relative, the earlier they receive the right to property. Each subsequent order is called only if there are no heirs of the previous order. This means that distant relatives may receive nothing at all if there are heirs of a closer order.

• Close relatives inherit before distant ones
• The next order is called only if the previous one is absent
• Without a will, property is divided according to the rules of law, not according to the wishes of the deceased

Inheritance without a will: orders of heirs and each person's share

When there is no will, the circle of heirs is determined by law. The closest relatives form the first order, and within it heirs of the same order divide the property in equal shares. The distribution of inheritance without a will is structured by orders: each subsequent order is called only if the previous one is absent or has renounced.

The question of jointly acquired property is resolved separately. The surviving spouse first receives their marital share in the jointly acquired property, and only the remaining part is divided among the heirs. In addition, an heir's share may be reduced if the deceased had incapacitated dependants: in inheritance by law, they receive a share on equal terms with the heirs of the called order.

• First order: children, spouse, parents
• Second order: brothers and sisters, grandfathers and grandmothers
• Third order: uncles and aunts, cousins — by right of representation
• The marital share is allocated before the division of the inheritance
• Incapacitated dependants inherit on equal terms with the called order

Within an order, property is divided equally; persons unable to work and dependants receive a share on an equal footing with the heirs of that order.

Inheritance without a will: the rights of dependants unable to work

In inheritance without a will, dependants of the deceased who are unable to work inherit on an equal footing with the heirs of the order called to inherit. This also applies to those who are not among the heirs at law, provided that for at least a year before the death they were maintained by the deceased. The law protects their interests, so the mandatory share cannot be circumvented by agreement between the other heirs.

Dependants must confirm that they were maintained by the deceased. If a person received regular support from the deceased and it was their main source of income, the court recognises their right to inherit without a will.

• Dependants unable to work — minors, persons with disability and those who have reached pension age
• The fact of maintenance is confirmed by certificates, receipts and witness testimony
• A dependant receives a share on an equal footing with the heirs of the order called to inherit
• A refusal by other heirs of their shares does not deprive a dependant of their part

Inheritance without a will: where and with which documents to apply

Inheritance without a will is formalised by a notary at the place where the inheritance is opened — usually the last address of the deceased. An application to accept the inheritance is filed within six months from the date of the deceased's death. If the deadline is missed, the inheritance may be accepted with the written consent of the other heirs who have accepted it, and without such consent — only through the court.

First the application itself is filed with the notary, and then the documents are collected. Following the review, the heir is issued a certificate of the right to inherit — it is this that confirms their rights to the property and is required to register a flat, a car or accounts.

The procedure for accepting an inheritance without a will deserves a separate mention: it is the same for all orders, the only difference being the set of supporting documents. The notary will need documents on the death, on kinship, on the composition of the property and its belonging to the deceased, as well as a certificate of the last place of residence. If a document is missing, the notary will explain what can be used instead.

• Identity document of the applicant
• Death certificate of the deceased
• Documents confirming kinship
• Title documents for the property
• Certificate of the last place of residence of the deceased

Inheritance without a will and debts: is the heir liable for loans

An inheritance is accepted as a whole: along with a flat, a car or a deposit, the heir also receives the obligations of the deceased. If there are outstanding loans, a debt under a receipt or taxes, creditors may make claims against those who have accepted the inheritance. At the same time, the heir is liable for such debts only within the value of the property received.

This is easier to see with an example: if the value of the inheritance is less than the debt, the heir risks only that property and does not pay the difference out of their own money. The heir's personal savings, salary and other own property remain untouched. If there are several heirs, they are liable to creditors jointly and severally — each within the value of the property received.

• A debt passes only together with the accepted inheritance
• Liability is limited to the value of that property
• Where there are several heirs, they are liable jointly and severally, each within the limits of what they received
• Creditors' claims are accepted within the established time limits

Inheritance without a will: inheritance abroad, what to do

If the deceased left property abroad, the flat in Almaty will pass to you under Kazakhstan rules, while the foreign asset is governed by the law of the country where it is located. This is the key rule: the right to immovable property abroad is determined by the law of the country where it is located. Inheritance abroad is opened and processed separately from the Kazakhstan inheritance, even if you are the sole heir.

The procedure depends on the country. In some places it is enough to file an application with a local notary, in others a court decision or the involvement of a Kazakhstan consul is required. To process foreign property you need documents that have been legalised or apostilled: the death certificate, documents confirming kinship, and a certificate of the deceased's last place of residence. Check the list in advance with the consulate or a local lawyer.

• an application to accept the inheritance in the country where the property is located
• a death certificate with an apostille or legalisation
• documents confirming kinship with the deceased
• a certificate of the deceased's last place of residence
• a document confirming rights to the specific foreign asset

Inheritance without a will: mistakes, time limits and disputes over shares

The most costly mistake in inheritance without a will is silence. If you do not file an application with a notary on time and do not take possession of the property, you will have to accept the inheritance with the consent of the other heirs or through the court: that means long months, evidence of valid reasons and the risk that the property is already registered to someone else. Concealing heirs is also dangerous: an heir who was not declared has the right to challenge the issued certificate, and the whole chain of transactions involving the flat or car starts to unravel.

Shares are not calculated "by eye" but by order of priority and degree of kinship, and any rough estimate proves costly. One heir is sure they are entitled to half, another to a quarter, while in reality there are two disputes: over the composition of the estate and over the size of the shares. A dispute over shares is resolved in court, and before accepting the inheritance it is better to verify the documents for the property, the marriage ties and the family relationships.

It is easy to make a mistake about the order of priority if there were remarriages in the family or children from different unions.

What is worth checking before filing an application:

• Whether there are other heirs of the same priority
• Whether the time limit for applying to the notary has been missed
• Whether the shares in the documents match the calculation
• Whether all items of property have been declared

The table shows how one oversight turns into a separate court case.

Until all heirs of the relevant priority and their shares are determined, the property cannot be registered: any omission will come to light later and turn into a dispute. Start with documentary confirmation of kinship and the composition of the property, not with a random visit to a notary.