SURVIVORS LEGITIMATE LEGITIMATE SURVIVING ILLEGITIMATE

CHILDREN ASCENDANTS SPOUSE CHILDREN

Any class ALONE 1/2 ½ ½ ½
1. One Legitimate Children ½ of the share of
2. Surviving Spouse ½ EXCLUDED ¼ legitimate child.
3. Illegitimate Children
1. 2 or more Legitimate ½ of the share of
Children 1/2` EXCLUDED Same with Legitimate legitimate child.
2. Surviving Spouse Children
3. Illegitimate Children
1. 1 Legitimate child ½ ¼
2. Surviving Spouse
1. Legitimate Ascendant ½ 1/4
2. Surviving Spouse
1. Surviving Spouse 1/3 1/3
2. Illegitimate Children
1. Legitimate Ascendant ½ 1/8 1/4
2. Surviving Spouse
3. Illegitimate children
1. Legitimate Ascendant ½ ¼
2. Illegitimate children

NOTE: Spouse married to illegitimate decedent, he concurs with the illegitimate parents of the deceased spouse:
Surviving Spouse – ¼
Illegitimate parents – ¼
 INTESTATE SUCCESSION

SURVIVORS LEGITIMATE LEGITIMATE SURVIVING ILLEGITIMATE ILLEGITIMATE

CHILDREN ASCENDANTS SPOUSE CHILDREN PARENTS
Any class alone Whole Whole Whole Whole (Exclude IP, Whole (Exclude all
All Collateral Collateral
Relatives and State Relatives and State
1. Legitimate Children Divided equally to all of Same share with LC
2. Surviving Spouse them
1. Legitimate Children Concurrence theory: Concurrence
2. Illegitimate Children Legitime of the LC should theory: Legitime of
first be satisfied. the LC should first
(2:1) be satisfied.
(2:1)
1. Legitimate Children Concurrence theory: Concurrence theory: Concurrence
2. Surviving Spouse 2:2:1 2:2:1 theory:
3. Illegitimate children 2:2:1
1. Legitimate Parents
and Ascendants ½ ½
2. Illegitimate Children
1. Legitimate Parents
and Ascendants ½ ½
2. Surviving Spouse
1. Legitimate Parents
and Ascendants
2. Surviving Spouse ½ ¼ ¼
3. Illegitimate Children
1. Illegitimate Children ½ ½
2. Surviving spouse
1. Illegitimate Parent Concurrence Concurrence
2. Surviving spouse Theory: 1/2 Theory: 1/2

Surviving Spouse and Collateral Relatives – SS ½, CR ½ (Brothers, Sisters/Nephew, Nieces)

Brothers and Sisters only – whole
5th Degree – entire estate / State – entire estate