This case is heard between the surviving spouse and the heirs of the other spouse and gives the right to claim. Even if it is not known in practice, the surviving spouse can file this lawsuit against the other legal heirs of the deceased spouse, as well as the right to demand participation receivables for the heirs of the deceased spouse. However, the right of claim of the heirs is not unlimited and indefinite. The heirs must assert their claim for participation against the surviving spouse within 10 years.
Otherwise, the right of claim will be time-barred and the heirs will not be able to make any claims from the surviving spouse. Even after the inheritance is shared, if the statute of limitations of 10 years has not passed, the surviving co-heirs or heirs can file a lawsuit against the surviving spouse for the right of the inheritor.
After the liquidation of the regime of participation in the acquired property, the liquidation of the inheritance begins. The surviving co-heirs are included in the liquidation of the inheritance. In this case, twice for the surviving spouse; material protection has been provided first in the liquidation of the regime of participation in the acquired property and then in the liquidation of the estate. If the surviving spouse has a claim for participation, this is also the debt of the deceased’s estate.
After this participation receivable is subtracted from the deceased spouse’s estate, the deceased spouse’s net estate is obtained. If the surviving spouse is the heir over this amount, together with which group, he receives the right of inheritance at the appropriate rate. In this respect, it can be said that the surviving spouse’s participation claim will actually be a claim that affects the estate by reducing it, but is independent of the estate.
