Inheritance is not just a matter of dividing assets; it is a process strictly regulated by law. The Civil Code establishes who has the right to inherit, the order in which heirs are called, and the shares of the estate to which they are entitled.
Rights of the Surviving Spouse
The surviving spouse holds a privileged legal status. They may inherit only if, at the time of death, there was no final divorce judgment. In the absence of other legal or testamentary heirs, the surviving spouse inherits the entire estate.
However, when the surviving spouse inherits alongside other categories of heirs, their share varies as follows:
- one quarter of the inheritance when in concurrence with descendants;
- one third when inheriting together with the deceased’s parents and siblings;
- one half when inheriting either with the parents alone or with the siblings alone;
- three quarters when the only co-heirs are ascendants or ordinary collaterals.
In addition to their hereditary share, the surviving spouse is entitled to free habitation in the family home for at least one year from the date of death, provided they do not own another suitable residence. This right is inalienable and non-seizable and may be restricted or modified only by the court, upon the request of the other heirs.
If there are no descendants, the surviving spouse also receives, in addition to their share, the furniture and household items used jointly during marriage.
Order of Legal Heirs
The Civil Code divides legal heirs into four classes:
- Descendants – children of the deceased and their issue ad infinitum, who exclude all heirs in the subsequent classes.
- Privileged ascendants and privileged collaterals – the deceased’s parents, siblings, and their descendants up to the fourth degree.
- Ordinary ascendants – grandparents, great-grandparents, and other ascendants in direct line.
- Ordinary collaterals – collateral relatives up to the fourth degree other than siblings and their descendants.
Within each class, closer relatives exclude more distant ones, and among relatives of the same degree, the estate is divided equally.
Division of the Estate When Heirs Compete
In the absence of descendants, the estate is divided among the surviving spouse, parents, and siblings according to the legal shares. If both parents and siblings of the deceased inherit together, they receive two-thirds of the estate, with the remaining one-third going to the surviving spouse. If only the parents or only the siblings are present, they receive one half, while the spouse receives the other half.
If one parent has predeceased or does not accept the inheritance, the surviving parent receives one quarter, and the siblings receive three quarters. If both parents are alive, they receive one half together, and the siblings inherit the other half.
In the absence of siblings or parents, the estate passes to the ordinary ascendants (grandparents, great-grandparents) or, ultimately, to ordinary collaterals (uncles, aunts, cousins). In all cases, the surviving spouse continues to receive their legal share.
Conclusion
The order of heirs and the shares they are entitled to may seem complicated, especially when several heirs from different classes and degrees are involved. The law attempts to maintain a fair balance between the rights of the surviving spouse and the rights of blood relatives, assigning each a portion of the estate proportional to their degree of kinship.
If you are involved in an inheritance with multiple heirs, it is advisable to seek the assistance of a lawyer or a notary to clarify the shares owed to each person. A correct division from the outset can prevent costly disputes in the future.
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