Expat Dies Without Will in Switzerland: Intestate Rules

If a foreign national or expat residing in Switzerland passes away without a valid last will and testament, their worldwide movable assets and Swiss estate are automatically governed by the statutory rules of the Swiss Civil Code (SCC Art. 457 ff.) under the Swiss Private International Law Act (PILA Art. 90). Swiss intestate succession distributes the estate strictly according to the hierarchical Parentela system, which gives priority to biological or adopted descendants, surviving spouses, and registered partners.

Under default Swiss statutory distribution, if the deceased leaves a surviving spouse and children, the spouse receives exactly 50% of the net estate, and the children share the remaining 50% equally. However, Swiss law does not recognize unmarried cohabitants or common-law partners as legal heirs. Without a formal will, an unmarried partner receives 0.00 CHF, and joint bank accounts may be frozen immediately by Swiss authorities during probate.

Key Expat Takeaways under Swiss Inheritance Law:

Default Swiss Jurisdiction: If Switzerland is your last habitual domicile, Swiss succession law applies by default unless you declare a formal choice of law (Professio Juris).
Parentela Order (Art. 457–460 SCC): Direct descendants (1st parentela) inherit first, excluding parents and siblings.
Zero Protection for Cohabitants: Unmarried partners have no statutory claim whatsoever to Swiss property or accounts.
Revised Law 2023: Forced heirship for children is reduced to 50%, providing expats greater testamentary freedom.

Reviewed and verified under the Swiss Civil Code (2023 Reform) by the OnlineDokument.ch Legal Team.

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1. The Swiss Parentela Hierarchy & Statutory Distribution

Swiss succession law categorizes blood relatives into three successive branches (parentelas). A more distant branch only inherits if no heirs exist in the preceding branch:

Parentela Class	Included Family Members	Statutory Share (Without Spouse)
1st Parentela (Art. 457 SCC)	Children, grandchildren, direct descendants	100%
2nd Parentela (Art. 458 SCC)	Parents, brothers, sisters, nieces, nephews	100% (only if no 1st parentela)
3rd Parentela (Art. 459 SCC)	Grandparents, aunts, uncles, first cousins	100% (only if 1st & 2nd empty)

When a surviving spouse coexists with heirs, the spouse receives 50% alongside descendants (1st parentela), 75% alongside parents (2nd parentela), or 100% if no heirs in the 1st or 2nd parentela survive (Art. 462 SCC).

Practical Tip for Expats: Unsure how Swiss rules affect your cross-border estate? With our attorney-verified Swiss Will Template and Instructions Guide, you can ensure full legal compliance, protect unmarried partners, and save thousands in notary fees.

2. Critical Risks for Foreign Residents in Switzerland

Dying intestate in Switzerland creates several unique complications for international residents and expats:

Unmarried Partners Receive Zero: Common-law marriage is not recognized in Switzerland. If you cohabit with a partner, they have no legal standing to inherit without a will.
Bank Account Freezes: Swiss banks routinely freeze solo accounts upon receiving notification of death until an official Certificate of Heirship (Erbschein) is issued by the cantonal probate authority.
Cross-Border Conflict of Laws: Foreign nationals can choose the law of their citizenship (Professio Juris under PILA Art. 90 para. 2), but this election must be explicitly stated in a valid written will.

By executing a valid handwritten Swiss will and taking advantage of the revised forced heirship statutory quotas, you maintain total control over who receives your Swiss and foreign estate.

3. Step-by-Step Guide to Securing Your Swiss Estate

Inventory Swiss & International Assets: Detail all bank accounts, pension 3a funds, and Swiss properties.
Download Verified Swiss Will Template: Obtain the standardized, legally reviewed template and guide from OnlineDokument.ch.
Handwrite Entire Document (Art. 505 SCC): Write the entire text by hand from start to finish. Computer-typed wills are invalid under Swiss law.
Date and Sign: Clearly write the day, month, year, location, and your personal signature at the bottom.

Frequently Asked Questions

Does an unmarried expat partner inherit anything under Swiss intestate law?

No. Swiss statutory inheritance law does not grant any automatic inheritance rights to cohabitants or unmarried partners. Without a valid will, an unmarried partner receives 0 CHF.

Can a foreigner residing in Switzerland choose the inheritance law of their home country?

Yes. Under Article 90, paragraph 2 of the Swiss PILA (Private International Law Act), a foreign national residing in Switzerland may declare in their will that the estate will be governed by the inheritance laws of their country of citizenship (Professio Juris).

What happens to bank accounts and property in Switzerland if there is no will?

Bank accounts are typically frozen until the cantonal probate court establishes the legal heirs and issues an official Certificate of Inheritance. Assets are then divided strictly according to the statutory Parentela percentages.