The surviving spouse inherits from the deceased spouse if no final divorce decision exists on the date when the inheritance proceedings are opened (Art. 970 of the Civil Code). The share of the estate to which the surviving spouse is entitled shall be: one quarter of the estate if the estate is divided between him/herself and the deceased’s descendants, one third of the estate if the estate is divided between him/herself, the deceased’s privileged ascendants (parents) and also the deceased’s privileged collateral relatives (brothers, sisters and their descendants), one half of the estate if the estate is divided only between him/herself and either the privileged ascendants or the privileged collateral relatives, three quarters of the estate if the estate is divided between him/herself and either the deceased’s ordinary ascendants (grandparents and their ascendants) or the deceased’s ordinary collateral relatives (uncles, aunts, cousins of first degree, brothers and sisters of the grandparents). If the deceased has no other legal heirs, the surviving spouse receives the entire estate (Art. 972 of the Civil Code).

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