Q: Is a succession necessary if the person has no legal heirs just a surviving spouse?
A: Yes. A succession is necessary to transfer ownership to whomever inherits and to separate out the spouses' interests in the community property.
A: Unless there is no immovable property (real estate), a succession will be necessary.
A: Depends on several variables including what type of property comprises the estate and its overall value. Most often, if real estate is involved, a succession is necessary to correctly transfer ownership from the Decedent. However, whether judicially opening succession is necessary depends upon whether the Decedent spouse left a Will and the value of the property. You should seek out counsel well versed in probate law to discuss these factors and your specific circumstances to determine the best route for proceeding.
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