When a person dies without leaving a will, the estate is divided by law among three classes of statutory heirs set out in Article 651 of the 2015 Civil Code. The core principle: an earlier class excludes later classes — a later class inherits only if no one remains in the earlier class, and heirs within the same class share equally.
1. First class of heirs
The first class comprises: the spouse, biological father and mother, adoptive father and mother, and biological and adopted children of the deceased. Two points are commonly misunderstood:
- “Spouse” means a lawful marriage (registered). A cohabiting partner without marriage registration is not a statutory heir;
- “Adopted child” counts only where the adoption was lawfully registered. A spouse’s child from another relationship is not in the first class unless lawfully adopted.
2. Second class of heirs
The second class comprises: the paternal and maternal grandparents, full siblings (brothers and sisters) of the deceased, and grandchildren of the deceased (children of the deceased’s children).
This class inherits only if no one remains in the first class — because they died, have no right to inherit, were deprived of the inheritance right, or disclaimed the inheritance.
3. Third class of heirs
The third class comprises: the great-grandparents of the deceased; the deceased’s paternal uncles and aunts and maternal uncles and aunts; the deceased’s nieces and nephews (children of the deceased’s full siblings); and the deceased’s great-grandchildren.
Note the distinction: second-class “grandchildren” are the children of the deceased’s children, while third-class “nieces/nephews” are the children of the deceased’s siblings — different groups, do not confuse them.
4. Two division principles you cannot ignore
- Equal shares within a class: for example, if the deceased leaves a spouse and three children (four first-class heirs), each receives one quarter — the spouse does not receive more than the children;
- Representation (Article 652): if a child of the deceased died before or at the same time as the deceased, the grandchildren step into the share their parent would have received.
5. When does statutory inheritance apply?
Statutory inheritance does not apply in every case. It applies when: there is no will; the will is unlawful; the testamentary heir died before or at the same time as the testator; or the person named in the will has no right to inherit or disclaims the inheritance. Any part of the estate not disposed of by the will is also divided by law.
6. Frequently asked questions
Q: The deceased has full siblings (second class) but the spouse (first class) is alive — who inherits?
A: Only the first-class heirs. Second-class siblings inherit nothing while first-class heirs remain.
Q: Does an adopted child share equally with biological children?
A: Yes. A lawfully adopted child is in the first class and shares equally with biological children.
Q: A first-class heir disclaims the inheritance — where does their share go?
A: It is divided among the remaining statutory heirs; the second class still does not inherit while other first-class heirs remain.
Need advice on inheritance, wills or estate division? Contact us for assistance.
This article was prepared by the FLAW AI Legal Council. The content is pending QA Council review before submission for approval; the information is for reference only and does not replace legal advice for your specific case.
