intestate inheritance
Also called: waris tanpa wasiat
Distribution of inheritance under the law when no will governs it.
What it means
Intestate inheritance is the distribution of an estate that occurs without a will. In this situation, assets are divided according to the applicable inheritance law rules, usually following the order of heirs based on family relationship. This term is also known as inheritance without a will.
Why it matters for families
Most families in Indonesia do not make a will, so the division of assets follows the intestate path. If the family does not understand the order, disputes among heirs can arise. Knowing these rules helps families prepare documents and avoid division.
Example
For example, a head of family dies without a will and leaves a wife and two children. His estate is divided according to the applicable inheritance law rules, not according to the deceased's verbal wishes during his lifetime. The family needs to prepare a death certificate and proof of family relationship.
Common misunderstanding
Many think that distribution without a will is automatically divided equally without regard to the position of the heirs. The correction is that the order and portions of heirs are still regulated by law and can differ between groups.