Succession and Testament – Succession

Succession and Testament – Succession

Art. 871. Meaning of succession. Succession is the transmission of the estate of the deceased to his successors. The successors thus have the right to take possession of the estate of the deceased after complying with applicable provisions of law.

Art. 873. Kinds of succession. There are two kinds of succession: testate and intestate.

Art. 874. Testate succession. Testate succession results from the will of the deceased, contained in a testament executed in a form prescribed by law. This kind of succession is covered under the Title: Of donations inter vivos and morris causa.

Art. 875. Intestate succession. Intestate succession results from provisions of law in favor of certain persons, in default of testate successors. Intestate succession is the subject of the present title.

Art. 872. Meaning of estate.The estate of a deceased means the property, rights, and obligations that a person leaves after his death, whether the property exceeds the charges or the charges exceed the property, or whether he has only left charges without any property. The estate includes not only the rights and obligations of the deceased as they exist at the time of death, but all that has accrued thereto since death, and the new charges to which it becomes subject.

Art. 876. Kinds of successors. There are two kinds of successors corresponding to the two kinds of succession· described in the preceding articles: Testate successors, also called legatees. Intestate successors, also called heirs.