Book 6 — Succession
Inheritance, wills, statutory heirs, executors, probate.
Sections 1599–1755
Annotated sections in this Book
- §1599 Inheritance — opening on death Succession opens at the moment of death. The estate of the deceased passes immediately to the heirs by operation of law, subject to administration of…
- §1600
- §1601
- §1602
- §1603
- §1604
- §1605
- §1606
- §1607
- §1608
- §1609
- §1610
- §1612
- §1613
- §1614
- §1615
- §1616
- §1617
- §1618
- §1619
- §1620 Statutory heirs — six classes order Where there is no will, the estate descends to statutory heirs in six classes. Higher classes exclude lower; within each class, heirs share equally.
- §1621
- §1622
- §1623
- §1624
- §1625
- §1626
- §1627 Adopted child as statutory heir An adopted child has the same statutory inheritance rights as a biological child of the adoptive parents.
- §1628
- §1629 Six classes of statutory heirs detailed (1) Descendants; (2) parents; (3) full-blood siblings; (4) half-blood siblings; (5) grandparents; (6) uncles and aunts.
- §1630
- §1631
- §1632
- §1633
- §1634
- §1635 Surviving spouse's share The surviving spouse inherits alongside whatever class of statutory heir takes — taking different fractions depending on which class.
- §1636
- §1637
- §1638
- §1639
- §1640
- §1641
- §1642
- §1643
- §1644
- §1645
- §1646 Right to make a will Any person of full age (20) and of sound mind may make a will disposing of their property to take effect on death.
- §1647
- §1648
- §1649
- §1650
- §1651
- §1652
- §1653
- §1654
- §1655
- §1656 Will — ordinary written form (2 witnesses) An ordinary written will must be made in writing, dated, signed by the testator before at least two witnesses who must then sign in the…
- §1657 Holographic will A holographic will must be entirely handwritten by the testator and signed. No witnesses required.
- §1658 Will — public document at District Office A public-document will is made before the District Officer who records the testator's wishes and registers the will in the official records.
- §1659
- §1660 Will — secret form A secret will is written, sealed, signed across the seal, and delivered to the District Officer who records the delivery while keeping the contents secret.
- §1661
- §1662
- §1663
- §1664
- §1665
- §1666
- §1667 Witnesses and beneficiaries — incompatibility A beneficiary under the will (or the beneficiary's spouse) cannot serve as a witness. The bequest to such a person is void, but the rest…
- §1668
- §1669
- §1670
- §1671
- §1672 Will — oral / sealed under exceptional circumstances Will — oral / sealed under exceptional circumstances.
- §1673
- §1674
- §1675
- §1676
- §1677
- §1678
- §1679
- §1680
- §1681
- §1682
- §1683
- §1684
- §1685
- §1686
- §1687
- §1688
- §1689
- §1690
- §1691
- §1692
- §1693 Revocation of will A testator may revoke their will at any time during their lifetime — by a new will, by destruction of the document with revocatory intent,…
- §1694
- §1695
- §1696
- §1697
- §1698
- §1699
- §1700
- §1701
- §1702
- §1703
- §1704
- §1705
- §1706
- §1707
- §1708
- §1709
- §1710
- §1711 Estate administrator — appointment Estate administrator — appointment.
- §1712
- §1713 Court order required to appoint estate administrator Where there is no executor named in the will, or the will is silent, the heirs or interested parties must petition the court to appoint…
- §1714
- §1715
- §1716
- §1717
- §1718
- §1719 Powers and duties of the estate administrator The estate administrator (court-appointed or named in the will) has both the power and the duty to carry out the will's instructions, manage the estate's…
- §1720
- §1721
- §1722
- §1723
- §1724
- §1725
- §1726
- §1727 Removal of estate administrator The court may remove an administrator for misconduct, mismanagement, or refusal to act — on petition by any heir or interested party.
- §1728
- §1729
- §1730
- §1731
- §1732
- §1733
- §1734 Estate debts — limit of heirs' liability Heirs are not personally liable for the deceased's debts beyond the value of the estate property they received.
- §1735
- §1736
- §1737
- §1738
- §1739
- §1740
- §1741
- §1742
- §1743
- §1744
- §1745
- §1746
- §1747
- §1748
- §1749
- §1750
- §1751
- §1752
- §1753
- §1754 Prescription on inheritance claims Inheritance claims are barred by prescription one year from when the heir knew of the right, and ten years from the death.
- §1755