Inheritance Law in Algeria
- Ounissa MOHDEB, Juriste généraliste
- Apr 3
- 2 min read
Who Are the Heirs?
In Algeria, inheritance law is based on principles derived from Islamic sharia law and the Civil Code, which precisely define the heirs and their rights.
Heirs are classified into two main categories:
1 - Reserved Heirs:
Descendants: children and grandchildren.
Ascendants: parents and grandparents.
Surviving spouse: husband or wife.
2 - Secondary Heirs (in the absence of reserved heirs):
Secondary heirs (in the absence of reserved heirs)
brothers, sisters, uncles, aunts, etc.
In the absence of heirs, the property is transferred directly to the state.
The will (Wassiya) cannot harm the reserved heirs, and it influences the inheritance up to one-third of the estate. Furthermore, the debts of the deceased must be settled before the distribution.
How is the Estate Distributed?
The distribution of the inheritance after a death follows the rules established by Islamic sharia law, which are integrated into the Family Code. These rules specify the shares assigned to the different heirs.
Children
The son: receives twice as much as a daughter. If the deceased has only daughters: they share two-thirds of the estate. A single daughter inherits half of the estate if she has no brothers.
The Surviving Spouse
If the deceased has no children: the spouse receives one-quarter of the estate. If the deceased has children: the spouse receives one-eighth of the estate.
The Parents of the Deceased
If the deceased has children: each parent receives one-sixth of the estate.
If the deceased has no children: the mother can receive one-third if there are no brothers or sisters.
If there are brothers and sisters, the mother receives one-sixth, and the father receives the remainder.
