Legal heir (intestate heir)

Legal heirs inherit by operation of law. Blood relatives are ranked by the parentela system: the first group comprises the descendants, the second the parents and their descendants, the third the grandparents and their descendants. Heirs in a prior group exclude those in later groups.

The surviving spouse inherits alongside every group, with a share graduated by statute according to the group concerned. Children born outside marriage with established filiation, and adopted children, take equal shares as descendants. Where no heir exists, the estate passes to the state.

Upon death, the heirs hold the estate in community and prove their status with a certificate of inheritance. Legal heirship may be narrowed by the deceased's testamentary dispositions, but the reserved shares of descendants, parents and the spouse remain protected against such dispositions.