Separate property devolves to the heirs, who are divided into five classes that inherit in order of priority. Represented schematically, the priority of inheritance is as follows:
- Descendants (children and their descendants)
- Parents and siblings (and their descendants)
- If there are siblings (or their descendants) and a surviving parent or parents, the siblings inherit subject to a joint and successive usufruct in favor of the parents.
- If there are siblings and no surviving parents, siblings inherit free of usufruct.
- If there are no siblings (or their descendants), the surviving parent or parents inherit.
- Surviving spouse (in the case where the decedent was married at the time of death but had separate property)
- More remote ascendants (e.g., grandparents)
- More remote collaterals (e.g., aunts, uncles, cousins)
Relatives in the most favored class inherit to exclusion of other classes. Subject to the principles of representation, the nearest relation in a class, determined by counting degrees, inherit to the exclusion of more distant relatives in that class. If there are many heirs, it may be useful to draw a “family tree” diagram to clearly determine who inherits.