Section 1626.- After Section 1625 (1) has been complied with, the division of the estate between the statutory heirs shall be as follows :

                  (1) The estate shall be divided between the several classes and degrees of heirs as provided in Chapter II of this Title ;

                  (2) The portion accruing to each class and degree shall be divided between the heirs of such class and degree as provided in Chapter III of this Title.

 

Section 1627.- An illegitimate child who has been legitimated by his father and an adopted child are deemed to be descendants in the same way as legitimate children within the meaning of this Code.

 

Section 1628.- Spouses who are living apart under desertion or separation do not lose the statutory right of inheritance to one another as long as divorce between them has not taken place according to law.

 

CHAPTER II

DIVISION INTO PORTIONS BETWEEN SEVERAL

CLASSES AND DEGREES OF STATUTORY HEIRS

 

Section 1629.- There are only six classes of statutory heir, and subject to the provisions of Section 1630 paragraph two, each class is entitled to inherit in the following order :

                  (1) Descendants ;

                  (2) Parents ;

                  (3) Brothers and sisters of full blood ;

                  (4) Brothers and sisters of half blood ;

                  (5) Grandfathers and grandmothers ;

                  (6) Uncles and aunts.

                  The surviving spouse is also a statutory heir, subject to the special provisions of Section 1635.

 

Section 1630.- So long as there is any heir surviving or represented in a class as specified in Section 1629, as the case may be, the heir of the lower class has no right at all to the estate of the deceased. However, the foregoing paragraph does not apply in the particular case where there is any descendant surviving or represented, as the case may be, and also the parents or one of them are still surviving ; in such case each parent is entitled to the same share as an heir in the degree of children.

 

Section 1631.- As between descendants of different degrees, only the children of the de cujus who are the nearest in degree are entitled to inherit. The descendants of lower degree may receive the inheritance only by virtue of the right of representation.