6 What are the consequences of death?

In the case of death of one spouse, the surviving spouse is entitled to one half of the community property (Art. 52 of the Law on the Notarial Profession). Furthermore, the surviving spouse shall be entitled to inherit pursuant to intestate succession alongside the heirs (if any) of either the first or second degree of descent. Together with the first degree heirs of the deceased (children), he/she shall inherit one quarter of the inheritance if there are not more than three heirs apart from the spouse. If there are more than three heirs, the spouse shall inherit in equal shares with the other heirs. If the spouse inherits with second degree heirs (parents and grandchildren), he/she is entitled to half of the inheritance. If there are no first and second degree heirs, the spouse shall inherit the whole inheritable estate (Art. 5.13 of the CC).