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Who Inherits Succession Property?

If it's a testate succession, meaning the deceased person had a valid will; then whoever is named in the will, receives the deceased person's property subject to any forced portion, if the deceased person had one or more forced heirs.

If it's an intestate succession, meaning the deceased person did not have a valid will; then the property will be given according to the rules of an intestate succession.

SEPERATE PROPERTY: 

1. Children or any descendants in a direct line (grandchildren, great grand children, etc...) by representation.

2. Parents and Siblings and their descendants by representation (parents get usufruct and siblings get naked ownership).

3. Siblings.

4. Surviving Spouse.

5. Parents.

6. More remote ascendant (grandparents, great grandparents, etc...) representation is not allowed in the ascendant line.

7. More remote collaterals (aunts, uncles, cousins) representation is not allowed in collateral line. 

COMMUNITY PROPERTY:

1. Survivng spouse gets one half share of the community property as an owner.

2. The deceased spouse's one half share of the community property goes to their children or any descendants in a direct line (grandchildren, great grand children, etc...) by representation subject to a usufruct in favor of the surviving spouse.

The usufruct granted in favor of the surviving spouse continues until the surviving spouse die or remarries, whichever occurs first. Furthermore, a naked owner that is not the child of the surviving spouse can request the surviving spouse provide security. 

*The above rules are generally what will happen in most cases. You should consult an attorney to determine the proper line of succession in your particular case.

Who Inherits Succession Property?: Welcome
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