What Happens When Someone Dies Without a Will (Intestate)

If a Zimbabwean dies without a will, the Deceased Estates Succession Act governs distribution for those married under the Marriages Act (general law). The surviving spouse inherits the matrimonial home and all household goods. The remaining estate is divided between the surviving spouse and children. If there are no children or spouse, parents, brothers, and sisters inherit. If the deceased lived under customary law, the Administration of Estates Act applies — traditionally patrilineal (inheritance through the father's side), though the 2013 Constitution guarantees gender equality in inheritance rights. Key issue: if a man had an unregistered customary law union (UCLU) AND a civil marriage, the UCLU is recognised for inheritance purposes IF the customary marriage came first. Important: for estates of people who died before 1997, the old customary law applies and the eldest son inherits everything. For deaths after 1997, the statutory framework protects the surviving spouse and children regardless of gender. Zimbabwe has no inheritance tax — but there are executor fees (percentage of estate value) and court costs.