Settling an estate

After their death, a person’s estate passes to their heirs.
The law states the deceased’s heirs.

However, it is possible to arrange or change this instruction by designating a “beneficiary” in a will. However, the rights of children or spouses must be taken into account in certain situations (to protect their “reserved portion”).

What is the reserved portion?

• The Civil Code ensures that certain heirs (children and, in some cases, the spouse) have a right to a minimum share (the “reserved portion”) of the estate of their deceased relative or spouse.
• If there is one child, the reserved portion consists of half of the property, 2/3 if there are 2 children and 3/4 if there are 3 children or more.
• The spouse is entitled to a reserved portion of 1/4 of the estate in the absence of a child of the deceased.

As for settlement, the heirs have several possible choices, called “estate options”.

Download the PDF document : SETTLING AN ESTATE

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