LEGITIMATE TESTATOR

TESTATE INTESTATE
LEGITIMATE CHILD ALONE 1/2 1/2 free portion
Entire estate (divided equally among them)
 Legitimate children ½ divided among themselves in equal 1/2 free portion
shares

legitimate children 1/2 Entire estate

legitimate parents Excluded (secondary heir) Excluded

Legitimate children 1/2 (in equal shares) 1/4 free portion the surviving spouse will get the share of
Surviving spouse Share equal to that of each LC each of the children regardless of their
number

Legitimate child 1/2 1/2

Surviving spouse 1/4 1/2

Legitimate children 1/2 Legitime of each ILC shall be equal to half of

Illegitimate children Half of the share of one legitimate the share of each LC
child. If FP is enough but if not, the
remaining FP shall be divided among
them equally.

Legitimate child 1/2

Illegitimate child 1/4

Legitimate children 1/2 1/2

Surviving spouse share equal to that of each LC Share equal to that of each legitimate child
Illegitimate children each ILC shall be entitled ½ of the Each ILC shall be entitled 1/2 of the share of
share of each ILC (remaining FP each LC
divided among themselves )

Legitimate child 1/2

Surviving spouse 1/4
Illegitimate child 1/4
LEGITIMATE ASCENDANTS IN 1/2 free portion (if there are
DEFAULT OF LEGITIMATE CHILDREN 1/2 OF ESTATE several legitimate ascendants Entire estate
survived, follow rule on
proximity)

Legitimate parents 1/2 ( divided among the parents; if 1/4 free portion 1/2
Surviving spouse only one survives, he/she will get the 1/2
entire 1/2 )
1/4

Legitimate ascendants 1/2 1/4 free portion 1/2

Illegitimate children 1/4 1/2

Legitimate ascendants 1/2 1/8 free portion 1/2

Surviving spouse 1/8 1/4
Illegitimate children 1/4 1/4

SURVIVING SPOUSE ALONE
1/3 a. if married in articulo mortis Entire estate (the other collateral relatives
and testator died within 3 will be excluded except the brother and
months after death sisters, nephews and nieces. The latter can
1/2 b. if died testator dies in inherit together with the surviving spouse.)
rticulo mortis but previous to
that they had been married for SS 1/2 , BSNN 1/2
1/2 more than 5 years
c. marriage not in articulo
mortis

1/2
Surviving spouse 1/4 1/4 free portion 1/2
Legitimate child 1/2

Surviving spouse Share of one LC 1/2 free portion 1/2

Legitimate children 1/2 1/2

Surviving spouse 1/4 1/4 free portion 1/2

Legitimate parents 1/2 1/2

Surviving spouse 1/3 1/3 free portion 1/2

Illegitimate child 1/3 1/2
 Surviving spouse 1/4 Share equal to that of each legitimate child
Illegitimate children 1/4 Each ILC shall be entitled 1/2 of the share of
Legitimate children 1/2 each LC
1/2

ILLEGITIMATE CHILDREN ALONE 1/2 1/2 free portion Entire estate. (ILC excludes other collateral
relatives)

Illegitimate child 1/4 1/4 free portion

Legitimate child 1/2

Illegitimate child 1/3 1/3 free portion 1/2

Surviving spouse 1/3 1/2

Illegitimate child 1/4 1/4 free portion

Legitimate parents 1/2

Legitimate ascendants 1/2 1/8 free portion

Surviving spouse 1/8
Illegitimate children 1/4

ILEGITIMATE TESTATOR

LEGITIMATE DESCENDANT ALONE 1/2 1/2 free portion

Legitimate child/ren 1/2

Surviving spouse 1/4 / Share of one LC

Legitimate children 1/2

Illegitimate child/ ren 1/4 / half of share of one LC

Legitimate children 1/2

Surviving spouse 1/4 / Share of one LC
Illegitimate child/ren 1/4 / Half of share of one LC
ILEGITIMATE DESCENDANT ALONE 1/2 1/2 free portion

Legitimate children 1/2

Illegitimate child/ren 1/4 / half of share of one LC

illegitimate children 1/3 1/3 free portion

Surviving spouse 1/3

Legitimate children 1/2

Surviving spouse 1/4
Illegitimate children 1/4

SURVIVING SPOUSE ALONE 1/3 a. if married in articulo mortis and

testator died within 3 months after
death
1/2 b. if died testator dies in rticulo
mortis but previous to that they had
been married for more than 5 years
1/2 c. marriage not in articulo mortis

ILLEGITIMATE PARENTS ALONE 1/2 1/2 free portion

Illegitimate parents 1/4 1/2 free portion

Surviving spouse 1/4

Illegitimate parents 1/2 1/2 free portion

Legitimate children Excluded

Illegitimate parents 1/2 1/2 free portion

illegitimate children Excluded
BROTHER AND SISTERS, NEPHEWS Entire estate ( there is preference
AND NIECES ALONE over BSNN as against other collateral
relatives regardless of degree)

BSNN 1/2
Surviving spouse 1/2

BSNN
Illegitimate children

OTHER COLLATERAL RELATIVES ENTIRE ESTATE ( RULE ON PROXIMITY

WITHIN THE 5TH DEGREE APPLIES)