Who Inherits The Property?
If the decedent dies testate, his property is distributed in accordance with his
If the decedent died
his property is inherited in the following order:
His descendants. If one of his children pre deceased him, that child's children would
the predeceased child in the succession. Each child or represented child would inherit an equal portion.
A surviving spouse will have
over that property which had been community property.
The surviving spouse may be required to post security if the usufruct covers property to be inherited by a
forced heir (See Forced Heir)
If the decedent has no descendants but was married, his surviving spouse would inherit the community property
If the decedent has no descendants, his separate property will be inherited by his brothers and sisters,
or their children if any of them have predeceased the decedent, subject to a usufruct in favor of his parents.
Half brothers and half sisters inherit according to their lines, thus they may inherit only a half share,
and that half share may or may not be subject to a usufruct in favor of their parent.
If there are brothers or sisters on only one side, they inherit to the exclusion of all others
If the decedent has no descendants and no brothers or sisters or descendants of them, his property is inherited by his parents
If the decedent leaves neither descendants, nor parents, nor brothers or sisters or descendants of them,
his separate property is inherited by his spouse
If the decedent leaves neither descendants, nor surviving spouse, nor parents nor brothers or sisters or descendants of either of them,
his property is inherited by his nearest ascendants, or if no ascendants, by his nearest collateral relations