Inheritance Law · Statutory Heirs
You may be unsure who inherits or whether shares in a certificate are correct. We compare family relationships, death dates and existing records and provide a written assessment of heirship, shares and documents to complete. To start, briefly describe the family connections and which share you question and why.
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.
Your Matter
You want to know whether children, a spouse, siblings or other relatives inherit. You do not know whether family accounts and official records identify the same people.
A child, mother or father may have died earlier. You want to distinguish which succession the later death opened and who may take the deceased person's place.
The certificate shows an unexpected person or share. You want to know whether missing civil records, parentage or adoption affects it.
Legal Framework
The first class consists of children and their descendants. Children share equally. A child who predeceased the deceased is replaced by their own descendants, if any. Because of this representation, a grandchild does not take an additional share in the same branch alongside their living parent. Family branches are identified first, then the beneficiaries within each (TMK Art. 495).
If there are no descendants, the parents' class is considered; a predeceased parent may be replaced by their descendants. Siblings therefore do not always inherit in the same way. If there are no heirs in that class, the grandparents' class is examined. A spouse particularly changes the result in the third class. Where no heirs remain, the State inherits; merely knowing of no close relatives is insufficient to reach that conclusion (TMK Arts. 496–497, 501).
The surviving spouse's statutory share is one quarter alongside descendants, one half alongside the parents' class and three quarters alongside grandparents or their children; in their absence the spouse takes all. Where a spouse exists, more remote descendants of the third class do not inherit on the same basis. These are statutory shares and must not be confused with reserved shares (TMK Art. 499).
Birth outside marriage does not alone mean a smaller share; legally established parentage on the father's side matters. An adopted child and their descendants may inherit from the adopter, while their inheritance rights in their birth family continue. The adopter and their relatives, however, do not become the adopted child's statutory heirs. We verify the direction of the relationship through civil records and any necessary court decisions (TMK Arts. 282, 498, 500).
Determining statutory shares does not mean that all estate assets and debts have been investigated or partition completed.
File Review
We read civil records, death information and any parentage or adoption decisions together. Heirship is not inferred solely from a shared surname or family forms of address.
We identify who died first, which family branch is represented and with whom the spouse inherits. We compare the existing certificate's shares with this information.
We investigate a seemingly omitted person or disputed record and consider the other party's documents. We distinguish matters resolvable by completing records from issues potentially requiring adjudication.
Work Plan
Briefly describe whose estate is involved and whose shares you want to understand. Mention ongoing proceedings, documents you hold and approaching dates.
Let us define the documents needed for the initial review or second opinion and agree the work, fee and delivery timetable in writing before starting.
Let us review the records and assess heirship and shares. Where information is missing, we will identify the required record and explain applications or objections concerning an existing certificate.
Frequently Asked Questions
No. If the deceased has descendants, siblings are not statutory heirs. Without descendants, the parents' class is assessed. Whether the parents are alive also affects a sibling's share.
Not always. Old or incomplete records and disputed parentage may require further investigation. Matters insufficient for a notarial certificate and requiring adjudication call for assessment of the court route.
Statutory heirship and testamentary dispositions are assessed separately. The will's contents, validity and any reserved-share claim are examined separately. Its existence alone does not establish who will receive what.
Yes. Initial reviews and second opinions are paid services. After receiving your matter, we define the appropriate work's scope, fee and timetable in writing before starting.
Briefly explain why you question the heirs or stated shares. Let us consider existing records, gaps and possible steps together.