Surviving heir

Legitime

Intestate share

Illegitimate children

1/3

1/2

Surviving spouse

1/3

1/2

(Remaining 1/3 is free

portion; Art. 894, NCC)
Illegitimate children

1/4

1/4

Surviving spouse

1/8

1/4

Legitimate parents

1/2

1/2

(Art. 899, NCC; testator

may freely dispose of the
remaining 1/8 of the
estate.)
Illegitimate children

1/4

1/2

Legitimate parents

1/2

1/2

Legitimate parents

1/2

1/2

1/4 (taken from the free

portion)

1/2

Surviving spouse

(Art. 893, NCC)

Illegitimate parents

1/4

1/2

Surviving spouse

1/4

1/2

1/2 (divided by number of

illegitimate children)

All

Illegitimate children alone

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

Surviving spouse alone

Legitimate children (or their

descendants) alone

1/2

All

1/2, 1/3, 1/2 (Art. 900,

NCC)

All

1/2 (divided by the

number of children)

All

Remaining half is free

portion (Art. 888, NCC)
One legitimate child (or
descendant)

1/2

1/2

1/4

1/2

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

Surviving spouse

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
Remainder is free portion
(Art. 892, NCC)

Legitimate child

1/2

Illegitimate child

1/2 of each legitimate

child (Art. 176, Family
Code)

Please read Article 176 of

the Family Code: computing
the legitimes of legitimate
and illegitimate children; an
illegitimate child gets onehalf)

Remainder is free portion

(Art. 892, NCC)
Surviving spouse

1/2 (remaining half is free

portion; Art. 900, NCC)

1/2

Brothers and sisters (nephews

and nieces, in case of deceased
siblings)

Not entitled to anything

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

1/2 (divided by the number

of brothers and sisters;
nephews and nieces of
deceased siblings divide
among themselves the

portion

share that should have to

their parents)
Art. 1001, NCC