According to the Law on Inheritance, the residue of the deceased shall be inherited by all his children and his spouse, and they shall inherit equal parts (first hereditary order).
Moreover, the Law on Inheritance stipulates that the residue of the deceased who does not have descendants shall be inherited by his parents and his spouse. Hence, when the spouse appears in the second hereditary order, the parents of the deceased shall inherit half of the residue in equal parts and the other part shall be inherited by the deceased’s spouse.
In addition, Article 67 of the Law on ownership and other real rights indicates that the property which the spouses acquire during their marriage shall be their joint property.
In accordance with the Law on ownership and other real rights, during the marriage and following the termination of the marriage, the spouses may divide the joint property by agreement. The division of the joint property of the spouses shall result in a separate property regime.
Namely, during probate proceedings, in the event of а death of one of the spouses, the notary as a trustee of the court should instruct the outlived spouse that he has the right to allocate one-half of the ideal share based on property acquired during the marriage, with joint contribution (joint property). Hence, if the surviving spouse requests the separation of his or her part of the joint property, in that case only the part of the joint property of the deceased spouse will be subject to discussion in probate proceedings.