(1) The surviving spouse may terminate the continued community of property at any time. The termination 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 notify the descendants entitled to a share and, if the surviving spouse is the legal representative of one of the descendants, the family court of the declaration; if custodianship exists, the custodianship court is to be notified of the declaration.
(2) The termination also may be effected by contract between the surviving spouse and the descendants entitled to a share. The contract is to be recorded by a notary.
(3) In the event of termination by the custodian of the surviving spouse, the ratification by the custodianship court is required.