Surviving

heir

Illegitimate
children

Legitime

Intestate share

1/3

1/2

1/3

1/2

Surviving spouse
(Remaining 1/3 is
free portion; Art. 894,
NCC)
Illegitimate
children

1/4

1/4

1/8

1/4

1/2

1/2

Surviving spouse
Legitimate parents
(Art. 899, NCC;
testator may freely
dispose of the
remaining 1/8 of the
estate.)
Illegitimate
children

1/4

1/2

1/2

1/2

Legitimate parents

1/2

1/2

Surviving spouse

1/4 (taken from the

free portion)

1/2

Legitimate parents

(Art. 893, NCC)

Illegitimate parents

1/4

1/2

Surviving spouse

1/4

1/2

Illegitimate
children alone

1/2 (divided by
number of illegitimate
children)

All

Remainder is free
portion (Art. 901,
NCC)
Legitimate parents
alone

1/2; remaining half is

free portion (Arts.
889 and 890, NCC)

All

Illegitimate parents
alone

1/2

All

Surviving spouse
alone

1/2, 1/3, 1/2 (Art.

900, NCC)

All

Legitimate children
(or their
descendants)
alone

1/2 (divided by the

number of children)

All

One legitimate
child (or
descendant)

1/2

1/2

1/4

1/2

Remaining half is
free portion (Art. 888,
NCC)

Surviving spouse
Remaining 1/4 is free
portion (Art. 892,
NCC)
Two or more
legitimate children
(or their
descendants)

1/2 (divided by the

number of children)

Consider spouse as 1
legitimate child and
divide estate by total
number

Equal to the share of

one child
Surviving spouse
Remainder is free
portion (Art. 892,
NCC)

Legitimate child

1/2

Illegitimate child

1/2 of each legitimate

Please readArticle 176

of the Family Code:
computing the legitimes

child (Art. 176,

Family Code)
Remainder is free
portion (Art. 892,
NCC)
Surviving spouse

Brothers and
sisters (nephews
and nieces, in
case of deceased
siblings)

1/2 (remaining half is

free portion; Art. 900,
NCC)

Not entitled to
anything since they
are not compulsory
heirs; testator may
choose to give them
something out of the
free portion

of legitimate and
illegitimate children; an
illegitimate child gets
one-half)

1/2

1/2 (divided by the

number of brothers and
sisters; nephews and
nieces of deceased
siblings divide among
themselves the share
that should have to their
parents)
Art. 1001, NCC