6 What are the consequences of death?
In the case of death of one spouse, the settlement of the community property (which was not started at court proceedings) is done within the inheritance proceedings, which are managed by a civil law notary as a commissioner of the court.
After the surviving spouse has received his/her portion of the community property (usually he/she will gain one half), he/she is also entitled to inherit from the deceased’s estate. If the surviving spouse inherits alongside the deceased’s descendants (e.g. children), he/she will receive the same share as each child. If there are no descendants and the surviving spouse inherits besides the deceased’s parents, he/she will receive at least one half of the estate.
