28 Jan Statutory Heirs of an Intestate
Statutory Heirs of an Intestate
To begin with, the following are statutory heirs of an intestate:
- Decedent survived only by children: The children take the entire estate. If any of the children have predeceased the decedent, the share of that child passes to this issue, who take per stirpes (things are divided by each child usually equally; unless there is a will that says otherwise, with a signature of the human/’s that passed)
- Decedent survived by ascendants: The ascendants take only if the decedent is not survived by issue. In this case, each generation excludes the further one. In other words, if the decedent is survived by one or both of his parents, no share in the estate passes to the decedent’s grandparents.
- Decedent survived by a spouse and children: The spouse and children all take the estate per capita, except for the marital property corresponding to the decedent, which passes only to the children (please see below for the definition of marital and non-marital property under Argentine law).
- Decedent survived by a spouse and ascendants: The surviving spouse takes one half of the decedent’s non-marital property and one half of the decedent’s marital property. The remainder of the estate passes to the ascendants.
- Decedent survived by a spouse and no issue or ascendants: The spouse takes the entire estate.
- Decedent not survived by issue, ascendants or a spouse. The estate passes to relatives within the fourth degree of collateral siblings of the decedent. Then, their issue until grand-nephews/nieces, and cousins of the decedent. Between siblings of whole and half-blood, the latter receive half of the share of the whole-blooded siblings.