Upon the opening of the succession, it is not clear whether or not there is an heir, how to deal it?

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Upon the opening of the succession, it is not clear whether or not there is an heir, how to deal it? If there is no dispute about heirs, What is the entitled portion of the property of the deceased?

(一) Upon the opening of the succession, it is not clear whether or not there is an heir, how to deal it?

Pursuant to Civil Code §1177「Where, upon the opening of the succession, it is not clear whether or not there is an heir, the family council shall appoint a manager for the property of the deceased within one month, and report to the court the opening of the succession and the appointment of the manager.」
In other words, where, upon the opening of the succession, it is not clear whether or not there is an heir, the family council shall appoint a manager for the property of the deceased. If there is no dispute about who is heir, the property of the deceased shall only be managed by all heirs jointly.

(二) Who is the heirs of deceased and what is the entitled portion of the property of the deceased?

Who is the heirs of deceased?

Pursuant to Civil Code §1138：「Heirs to property other than the spouse come in the following order:(1) Lineal descendants by blood;(2) Parents;(3) Brothers ; (4) Grandparents.」；Civil Code §1139：「Among persons of the first order provided in the preceding Article, the person nearest in degree of relationship comes first as the heir.」In other words, where there are spouse and lineal descendants by blood, both of them will inherit the property of the deceased.

2. What is the entitled portion of the property of the deceased?

Pursuant to Civil Code §1144(1)：「Each spouse has the right to inherit the property of the other, and his or her entitled portion is determined according to the following Subparagraphs:(1) Where the spouse inherits concurrently with heirs of the first order, as provided in Article 1138, his or her entitled portion is equal to the other heirs」. For example, the deceased has spouse and three lineal descendants by blood. Hence, the property of the deceased shall be equal to four heirs.