If the deceased did not make a will, the estate passes to the persons designated by the Civil Code. In the first place these are the deceased’s children and spouse.
As a rule, children and the spouse inherit in equal shares, although the spouse’s share may not be smaller than one quarter of the estate.
If there are no descendants, the spouse, parents and siblings are called to the inheritance, followed by other relatives. If there are no statutory heirs at all, the estate falls to the municipality or the State Treasury.
Remember the six-month deadline for filing a declaration accepting or disclaiming the inheritance. Missing it has serious consequences, including liability for debts.
This article is for general information only and does not constitute legal advice. Every case is worth discussing individually.
← All articles