THE ORDER OF INHERITANCE IN JUDAISM

In general, the relative closest to the deceased inherits his possessions. Kinship for inheritance is determined by paternal relation. The descendants of a close heir, precede more distant relatives. A female only can inherit if she has no live brother or offspring from that brother.

1. If a man dies, his sons inherit him. If one or more of his sons predeceased him, that son’s offspring (male or female) take his share of the inheritance.
2. If the man dies and no son or descendant of his son survives him, then his daughter(s) inherit him. When a child predeceases the father, then the inheritance falls to that child’s offspring.
3. If the deceased leaves no descendants whatsoever, his father inherits him.
4. If the father is not living, then the deceased’s brothers, who were born from the same father, inherit.
5. If the deceased’s brothers are no longer alive, then their sons (paternal nephews) or the descendants of their sons (or if no sons, then the daughters or the descendants of their daughters) inherit.
6. If the deceased is not survived by any brother or their offspring, his sisters (from the same father) inherit him, of if they are dead, then their offspring.
7. If the deceased is not survived by any sibling or their offspring, then the inheritance reverts to the father’s father (the grandfather).
8. If the father’s father is dead, then the father’s brother (paternal uncles) from the same father, would inherit. If they are dead, then their sons or their offspring would inherit. If they have no sons or their son’s offspring, their daughters or the offspring of the daughters would inherit.
9. If there are no father’s brothers, nor any offspring of theirs, then the father’s sisters (paternal aunts) would inherit. Or if they are dead, then their offspring would inherit.
10. If no heirs can be found at this level, the inheritance reverts back to the great-grandfather (the father’s father’s father) and if he is dead, then would fall to his sons or their descendants, and if none exists, to his daughters or their descendants.
11. The process continues, going back as many generations as is necessary and tracing their descendants forward until an heir is found. At each level the father comes first, then his sons or their descendants, then his daughters or their descendants. If necessary the process goes back to one of the sons of Yaakov Avinu (HaShem promised that an entire tribe would not cease to exist).
12. If a married woman dies, her husband inherits her property. If he is not alive, her relatives inherit following the order described above.