Distribution of the inheritance in a legal succession (table)

In a legal succession, the surviving spouse receives what he or she is entitled to under the partitioning rules for:

• family patrimony;
• parental union patrimony; or
• the matrimonial regime.

Specific rules govern the distribution of the remainder of the succession.

• If the deceased leaves children or other descendants and a spouse by marriage, civil union or parental union, the spouse is legally entitled to one-third of the succession and the children or other descendants to two-thirds.
• If the deceased has no children or other descendants but is survived by a spouse by marriage, civil union or parental union, as well as parents, two-thirds of the succession goes to the surviving spouse and one-third to the parents.
• If the deceased has no children or living parents but is survived by a spouse by marriage, civil union or parental union, as well as siblings (or by the children of a deceased sibling), the surviving spouse is legally entitled to two-thirds of the succession, and privileged collaterals (siblings) to one-third.
• If the deceased has children but no spouse by marriage, civil union or parental union, the entire succession goes to the children.
• If the deceased has no children or other descendants and no spouse by marriage, civil union or parental union, the succession is divided among the parents and siblings (or children of a deceased sibling). If there are no such relatives, the property is distributed to the other direct ascendants or collaterals.

The table below shows how a succession is divided when there is no will.