If the deceased leaves children or descendants thereof, his/her surviving spouse is entitled to inherit, unless otherwise specified in the will and at his/her choice, either the smallest share assigned to a legitimate child, provided it is not less than one-quarter of the estate, or the usufruct of the immovable property inhabited jointly by the spouses and the furniture pertaining thereto, provided that the deceased owned the property wholly or jointly with the survivor (Article 767-1 CC).

If the deceased leaves no children or descendants thereof, his/her surviving spouse is entitled, unless otherwise specified in the will, to the entire estate, under full ownership (Article 767-2 CC).

The composition of the estate, and even the very existence thereof, may be affected by the existence of a marriage contract.

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