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Intestate succession

Intestate succession is the statutory succession that applies when the deceased has not made a will.

Intestate succession arises by operation of law where the testator has not left a valid will. The law then determines the heirs and the order in which the estate is distributed, as provided in Book 4 of the Civil Code.

Heirs are divided into four classes, the spouse or registered partner and the children constituting the first class. Only in the absence of heirs in a prior class do subsequent classes, such as parents, siblings or more remote relatives, become entitled.

In practice, intestate succession governs the majority of estates. This may produce undesired results, making it advisable in many cases to execute a will providing for a different distribution.

“Because the deceased had not made a will, intestate succession took place and the children were designated as the statutory heirs.”

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