(1) A descendant entitled to a share may waive their share of the common matrimonial property. The waiver is made by declaration to the court with jurisdiction over the estate of the deceased spouse; the declaration is to be made in publicly certified form. As a rule, the probate court is to give notification of the declaration to the surviving spouse and the other descendants entitled to a share.
(2) The waiver also may be made by contract with the surviving spouse and the other descendants entitled to a share. The contract is to be recorded by a notary.
(3) If the descendant is under parental custody or under guardianship, the waiver requires ratification by the family court. In the event of a waiver by the custodian of the descendant, the ratification by the custodianship court is required.
(4) The waiver has the same effects as if the person waiving had died without descendants at the time of the waiver.