Succession | Atty.
Legarda
First Term | AY 2013-2014
TABLE OF HEIRS
HEIRS
EXCLUDES
EXCLUDED BY
CONCURS WITH
Legitimate children
and descendants
Ascendants
Collaterals
State
No One
Surviving Spouse
Illegitimate children
Legitimate parents
and ascendants
Collaterals
State
Legitimate children and
descendants
Surviving Spouse
Illegitimate children
Illegitimate parents
Collaterals
State
No One
Illegitimate children
Legitimate Children or
Legitimate Parents
Surviving Spouse
Collaterals
State
Legitimate and
illegitimate children and
descendants
Surviving Spouse
Collaterals other than
brothers and
sisters/nieces and
nephews
State
No One
Legitimate Children
Legitimate Parents
Illegitimate Children
Illegitimate Parents
Brothers and Sisters
Nieces and Nephews
All other collaterals
State
Legitimate children
Legitimate Parents
Illegitimate children
Surviving Spouse
Other collaterals
Other collaterals in
more remote degree
State
Legitimate children
Legitimate parents
Illegitimate children
Illegitimate Parents
Surviving Spouse
Brothers and Sisters
Nephews and Nieces
No One
State
No one
Everyone
No One
Illegitimate parents
Surviving Spouse
Succession | Atty. Legarda
First Term | AY 2013-2014
TABLE OF LEGITIMES AND INTESTATE SHARES
SHARE
SCENARIO
TESTATE
Only legitimate children
A legitimate child with:
Surviving Spouse
free portion
INTESTATE
ALL
is free portion
LC:SS
1:1
Legitimate children with:
Surviving Spouse
(divided by # of children)
Share = one legitimate child
Remainder is free portion
LC:SS
1:1
Legitimate children with:
Surviving Spouse
Illegitimate Children
(divided by # of children)
Share = one legitimate child
of one legitimate childs share
Remainder is free portion
Legitimate children with:
Illegitimate children
of one legitimate childs share
Remainder is free portion
LC:SS:IC
2:2:1
LC:IC
2:1
Only legitimate parents
is free portion
ALL
Legitimate parents with:
Surviving spouse
Illegitimate children
is free portion
LP:SS:IC
2:1:1
Legitimate parents with:
Surviving spouse
is free portion
LP:SS
1:1
Legitimate parents with:
Illegitimate children
is free portion
LP:IC
1:1
Only illegitimate children
is free portion
ALL
Succession | Atty. Legarda
First Term | AY 2013-2014
Illegitimate children with
Surviving spouse
1/3
1/3
1/3 is free portion
IC:SS
1:1
Illegitimate parents only
is free portion
ALL
Illegitimate parents with
Surviving spouse
Surviving spouse only
(legitimate or married in articulo
mortis but had been common law
spouses for 5 years)
Surviving spouse, who married
in articulo mortis and decedent
died within 3 months from
marriage
IP:SS
1:1
is free portion
ALL
1/3
2/3 is free portion
ALL
Surviving spouse with
Brothers, sisters/
nephews, nieces
Not entitled to anything because
not compulsory heirs
SS:BSNN
1:1
Brothers and sisters only
Not entitled to anything because
not compulsory heirs
ALL or
2:1
(If there are half-blooded siblings)
Brothers and sisters with
Nephews and nieces
Not entitled to anything because
not compulsory heirs
ALL
(per capita or by representation)