The surviving spouse to treat the first stage of the inheritance along with the children and parents of the deceased. But in this case, if there was community property, released first half attributable to the surviving spouse. Then, it is determined the property, which is subject to inheritance, including the spouse. For example, the couple has a common house and one child. After the death of one of them, the other is entitled to half of the house as a spouse and as heir to a quarter. In general, he has the right of the house.
To be eligible for the property of the other spouse must apply to a notary at the place inheritance opening statement about receiving the certificate on the right to spousal share of the total property. It must be done before the expiration of 6 months after the death of the deceased. You should have documents confirming:
- The death of the second spouse (death certificate);
- Marital relationship (marriage certificate);
- The last place of residence of the deceased.
The procedure for determining joint property set Family Code. As a general rule of common property is recognized that property which was acquired during the marriage. But there are exceptions, such as property, which presented one of the spouses, or they got it for free. In this case, this property does not apply to the joint list and can not be.