How is inheritance divided equally among siblings and what are their legal shares?

Inheritance is divided equally among siblings when all are heirs of the same order and there is no will stating otherwise. Specifically, if a deceased parent leaves three children and no surviving spouse, each sibling receives one-third of the estate. However, this general rule conceals a number of nuances that, in practice, quite often change the final outcome.

This article deals exclusively with the situation of siblings as legal heirs—what shares they are entitled to, when equality may be affected, and what legal aspects deserve analysis before entering the succession procedure.

Who are the legal heirs and in what order do siblings inherit?

The Romanian Civil Code divides heirs into four orders (classes), and the order of priority matters: a higher order excludes lower orders.

Brothers and sisters belong to the second order of heirs, along with the deceased’s parents. This means they inherit only if there are no direct descendants—children or grandchildren of the deceased.

If the deceased had no children, was not married, and has no surviving parents, the siblings collect the entire inheritance in equal shares. If there is a surviving spouse, they concur with the second order and receive a fixed legal share established by the Civil Code depending on who they concur with—the remainder being divided among siblings and, if alive, parents.

Legal shares of siblings: how they are calculated depending on the situation

The calculation differs depending on who else survives in the family. Here are a few common scenarios:

• No surviving spouse, no living parents: siblings divide the entire inheritance equally. Three siblings—one-third each.
• When the spouse concurs with privileged collaterals (siblings), the spouse receives 1/2 of the inheritance, and the siblings receive the remaining 1/2, which is divided equally among them (if there are multiple siblings), according to Art. 972 para. (1) lit. c).
• Surviving spouse, a single living parent, and siblings: the spouse first receives their legal share, and the rest goes to the second order. Of this remaining part, according to Art. 978 of the Civil Code, the parent collects one-third, and the siblings share the remaining two-thirds equally. If both parents were alive, they would share half of the second order’s share, and the siblings would take the other half.
• Siblings from different parents (full siblings vs. half-siblings): full siblings—those who share the same father and mother—receive a larger share than half-siblings who share only one common parent with the deceased.

This last distinction is one of the most frequently overlooked in informal discussions about inheritance. A half-sibling does not receive the same share as a full sibling, and the law explicitly addresses this difference.

When equality between siblings can be affected

The equal shares rule applies to the net estate—meaning after debts are deducted and after any donations previously received by some of the siblings are taken into account.

There are also exceptions: donations expressly exempted from collation by the deed of donation or customary gifts are not included in this calculation. This is precisely why, before assuming the division will be perfectly equal, all property transfers made in recent years must be verified.

Another factor that can alter the outcome: if one of the siblings incurred significant expenses for the care of the deceased or for the maintenance of a common asset, they can request compensation during the succession procedure.

See also our article on inheritance left to a single person to understand how a will can alter these shares and what limits are imposed by the reserved share.

What happens when siblings cannot agree on the division

Disagreements frequently arise not over the shares themselves, but over specific assets. One sibling wants to keep the house, another wants to sell it. One lived in the property for years, another contributed to renovations. These situations lead to joint ownership (indivision)—a state where everyone is a co-owner, but no one has a clearly demarcated asset of their own.

The law gives each heir the right to request termination of joint ownership through succession partition. If there is no agreement, the procedure moves to court, where the judge establishes the shares, evaluates the assets, and decides the concrete method of division—either in kind, by attribution with a cash equalization payment (sultă), or by sale and distribution of the proceeds.

Partition lawsuits between siblings can take a considerable amount of time if there are multiple assets, prior donations, or incomplete documents. Preparing the case file early and with correct documents makes the difference between a manageable procedure and prolonged litigation.

Can a will change the shares of siblings?

Yes, but with limits. If the deceased left a will, they can favor one of the siblings or include other individuals. However, siblings are not reserved heirs—unlike children or the surviving spouse, they do not benefit from a minimum share guaranteed by law.

This means that through a valid will, a sibling can be completely excluded from inheritance in favor of another person. The absence of a will is what activates the rules above and ensures equal division.

Frequently Asked Questions

• Do siblings inherit if the deceased had children?

No. Children belong to the first order of heirs and completely exclude siblings. Siblings inherit only if the deceased left no direct descendants.

• Does a half-sibling receive the same share as a full sibling?
  

No. Full siblings—those who share the same father and mother—receive a larger share than half-siblings who share only one common parent with the deceased.

• Can a sibling renounce the inheritance?
  

Yes. Any heir can renounce the inheritance within the legal timeframe. Their share is redistributed to the other heirs who accepted the succession.

• What happens if a sibling died before the deceased?
  

If the deceased sibling had children of their own, they can inherit through succession representation, taking their parent’s place and share.

If you find yourself in a situation where inheritance is divided among siblings and there are disagreements regarding shares, prior donations, or hard-to-divide assets, a family law attorney can analyze your specific case and guide you through the appropriate procedure. Contact Mușat & Asociații Law Firm for a consultation tailored to your case.