When a marriage is dissolved due to the death of one spouse, division of the marital property is to be performed before the distribution of the deceased's estate, if the spouses had a marital right to each other's property (§ 85 Marriage Act). In the course of this division, the inheritors of the deceased spouse are obligated to compensate the surviving spouse if the deceased's property covered by the marital right exceeds that of the surviving spouse. In contrast, the surviving spouse is not obligated to provide any compensation to the estate of the deceased spouse if his/her property covered by the marital right exceeds that of the deceased spouse. The question of whether or not the spouses have a marital right to each other's property has no effect on the surviving spouse's rights under the inheritance law. The benefits of the surviving spouse under the inheritance law and the testament will be delivered from the estate.

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