TABLE OF LEGITIMES

TESTAMENTARY SUCCESSION

Sons ½ of estate – remainder is free portion

Only son: Spouse 1/2 : 1/4
Sons : Spouse 1/2 : same amount as one son taken from free portion
Sons : Bastards 1/2 : half share of son
Only son : Spouse : Bastards 1/2 : 1/4 : half share of son
Sons : Spouse : Bastards 1/2 : same share as son : half share of son
Leg. Parents alone 1/2
Leg. Parents : Bastards 1/2 : 1/4
Leg. Parents : Spouse 1/2 : 1/4
Leg. Parents : Spouse : Bastards 1/2 : 1/8 : 1/4
Bastards alone 1/2
Bastards : Spouse 1/3 : 1/3
1/2 >>> 1/3 if articulo mortis & decedent dies w/in 3 mos of
Spouse alone
marriage
Illegit. Parents alone 1/2
Illegit. Parents : Spouse 1/4 : 1/4

Note: If marriage by articulo mortis but testator and surviving spouse cohabited for more than 5 years prior to marriage,
surviving spouse is still entitled to ½.

INTESTATE SUCCESSION

Legit. Children alone Whole estate divided equally

Legit. Children : Bastards Whole estate 2:1 share
Legit. Children : Spouse Whole estate divided equally
- one child : one spouse = 1/2 : 1/2
- spouse counted as one child
Legit. Children : Spouse : Bastards Whole estate 1 : 1 : 1/2 share of LC
- spouse counted as 1 legitimate child
Parents alone Whole estate divided equally
Legitimate ascendants (other than parents) Whole estate divided between he 2 lines (maternal and paternal)
Parents : Bastards 1/2 : 1/2
Parents : Spouse 1/2 : 1/2
Parents : Spouse : Bastards 1/2 : 1/4 : 1/4
Bastards alone Whole estate divided equally
Bastards : Spouse 1/2 : 1/2
Spouse alone Whole estate
Spouse :Illegit. Parents 1/2 : 1/2
Spouse : Legit. B/S, N/N 1/2 : 1/2
- N/N may inherit by representation
Spouse : Illegit B/S, N/N 1/2 : 1/2
- N/N may inherit by representation
Illegit. Parents alone Whole estate
- illegit parents get nothing if they survive with children (legit/illegit)
Legit. B/S Whole estate
- siblings of half-blood get 1/2 share of full-blood siblings
Legit B/S, N/N Whole estate
N/N : Uncles and Aunts Whole estate : Nothing
- divided per capita
Illegit. B/S alone Whole estate
- siblings of half-blood get 1/2 share of full blood siblings
Illegit. B/S, N/N Whole estate
- siblings of half-blood get 1/2 share of full blood siblings
- N/N may inherit by representation
Nephews and Nieces alone Whole estate divided per capita
- half-blood get 1/2 share
Other collaterals Whole estate divided per capita
- nearer excludes the farther
- no preference of full-blood over half-blood
The State In the absence of all other intestate heirs
- whole estate