Inheritance in Azerbaijan: Heirs by Law, Wills, the Compulsory Share and the Deadline to Renounce

Short answer: In Azerbaijan an estate passes either by law or by will. Heirs by law fall into five orders; in the first order, children, the spouse and parents inherit in equal shares (Civil Code, Article 1159). A will can disinherit an heir, but children, parents and the spouse still receive a compulsory share of half their statutory portion (Article 1193). Since 2025, heirs acquire the estate from the moment of death; an heir who wants to renounce must do so before a notary within 3 months (Articles 1255, 1256). The state duty for a certificate of inheritance is AZN 25.

Heirs by law and the spouse's share

Intestate succession applies where there is no valid will (Article 1133.2). The estate opens on the day of death (Articles 1145–1146). Within each order, shares are equal:

Even one heir in an earlier order excludes all later orders (Article 1160). Divorced spouses do not inherit from each other (Article 1163).

The spouse's two separate shares. The surviving spouse's inheritance right does not extend to their own share of marital joint property (Article 1162). First, the survivor's share of property acquired during the marriage (as a rule, half) is set aside; only the deceased's share is inherited. Example: a flat bought during the marriage, the husband dies, leaving his wife and two children, and his parents are no longer alive. The wife keeps a 1/2 marital share; the other 1/2 is split among the three heirs, 1/6 each. She ends up with 2/3 of the flat and each child with 1/6. On marital property, see our article on divorce and property division in Azerbaijan.

Wills and the compulsory share

An adult with full legal capacity may leave property to anyone, including outsiders and legal entities (Articles 1166–1167).

• Form. A will must be in writing, either notarised or not (Article 1179.1). A handwritten and signed home will is also possible (Article 1186).
• Priority of a notarial will. If only one of several wills is notarised, that will prevails, and it cannot be revoked by a will in any other form (Article 1223).
• Disinheritance. A testator may disinherit heirs by law without giving reasons (Article 1176.1).

The compulsory share limits that freedom. Children, parents and the spouse receive half of their statutory share regardless of the will (Article 1193), and the Constitutional Court has confirmed that adopted children and adoptive parents are included. The share is calculated on the whole estate (Article 1195) and can be topped up from gifts the testator made in the two years before death (Article 1200). A person can be deprived of the compulsory share only through the courts (Article 1203). Example: someone with a spouse and two children wills everything to one child. Each heir would have received 1/3 by law, so the other child and the spouse can each claim at least 1/6.

Accepting or renouncing an inheritance: new rules from 2025

Previously, an heir had to accept within 6 months by applying to a notary or taking actual possession. On 26 December 2023 the Constitutional Court declared Articles 1246 and 1273-1, which set that period, void. Law No. 216-VIIQD of 21 June 2025 then rewrote the rules:

• Heirs acquire the estate by operation of law on the testator's death (Article 1255).
• An heir who applies to a notary, takes actual possession, or simply does not renounce in time is treated as having accepted (Article 1243.2). Articles 1247–1248 on late acceptance have been repealed.
• A renunciation must be made before a notary within 3 months of the day the heir learned or should have learned of the call to inherit. For good reason, a court may extend this by no more than 2 months (Article 1256).
• Partial or conditional renunciation is not allowed (Article 1257), and a renunciation cannot be withdrawn (Article 1268.1).
• Before the period ends, an heir may ask the notary to make an inventory of the estate. The renunciation period is suspended meanwhile (Article 1254).

If the estate opened before these changes, check separately which rules apply.

The notary, the certificate of inheritance and real estate

The succession is handled by a notary at the testator's last place of residence or, if that is unknown, where the property is located (Articles 1147, 1321.1). Until the certificate is issued, an heir may not dispose of the estate, apart from funeral, medical and protection costs (Article 1249). Since 2025, the certificate also states the shares of other heirs who have not yet applied, and this information is entered in the real estate register (Articles 1325.2–1325.3).

The state duty does not depend on the degree of kinship. Heirs of any statutory order pay AZN 25, and other persons (for example, a non-relative named in a will) pay AZN 50 (Law "On State Duty", Article 10.9).

The notary will usually ask for:

1. The death certificate and a certificate of last residence.
2. Documents proving kinship (birth and marriage certificates).
3. The original will, if there is one.
4. Title documents, and for real estate, a register extract on encumbrances.
5. The heirs' applications.

After the certificate is issued, a flat, house or land must be registered in the heir's name in the state real estate register. In practice, it cannot be sold or mortgaged until this is done.

The deceased's debts

Heirs are jointly liable to creditors in proportion to their shares (Article 1306.1), but their liability is capped at the value of the estate. If the notary has made an inventory, an heir is liable only up to the value of the assets received (Article 1306.4). Without an inventory, the heir must prove that the debts exceed the estate (Article 1306.5). If you are unsure about the debts, ask for an inventory first. If the debts clearly exceed the assets, consider renouncing within the 3 months. The deceased's creditors rank ahead of the heir's own creditors (Article 1313). For the creditor's side, see debt recovery through the courts in Azerbaijan.

When you need to go to court

• Missed renunciation deadline: for good reason, the court may extend it by up to 2 months (Article 1256).
• Disputes over a will: a will can be challenged on the grounds that invalidate transactions (Article 1230), and a claim to have it declared ineffective must be brought within 2 years (Article 1231.1).
• Topping up a compulsory share (Articles 1200–1201).
• Unworthy heirs: excluding a person who deliberately obstructed the testator's wishes (Article 1137).
• Excluding a spouse where the marriage had in fact ended and the couple lived apart for at least 3 years before the death (Article 1164).
• Establishing kinship and resolving disagreements over dividing the estate (Article 1291).

Frequently asked questions

Who inherits if there is no will?
The heirs by law. Children, the spouse and parents inherit first in equal shares. If there are none, siblings inherit, then grandparents, and so on.

Will I lose the inheritance if I do not go to a notary?
No. Since 2025, an heir who does not renounce within 3 months is treated as having accepted. You will still need a certificate to sell the property or register it in your name.

My father left everything to my brother. Do I get nothing?
As a child, you are entitled to a compulsory share: half of your statutory portion.

How much is the state duty for a certificate of inheritance?
AZN 25 for heirs by law and AZN 50 for anyone else.

The deceased had a bank loan. Do I have to repay it?
Only up to the value of what you inherit. If the debts are larger, you can renounce within 3 months.

I live abroad. Can I handle this remotely?
Yes, through a representative (Article 1245). To renounce through a representative, the power of attorney must expressly include that authority (Article 1271).

How we can help

Affidacons identifies heirs and their shares and drafts wills. We deal with the notary, obtain certificates of inheritance and register real estate in the heirs' names. We also assess estate debts and represent clients in court in disputes over compulsory shares, the validity of wills and the division of an estate. Learn more about our litigation and legal representation services or contact us.

This article is general information and does not constitute legal advice. It is based on the Civil Code of the Republic of Azerbaijan (Articles 1133–1325), Law No. 216-VIIQD of 21 June 2025, the Constitutional Court Plenum decision of 26 December 2023 and the Law "On State Duty" (Article 10.9) (November 2026); legislation may change. Obtain advice on your specific circumstances before acting.