SUCCESSION

Prof. Rhett Emmanuel C. Serfino

ORDER OF SUCCESSION AND CONCURRENCE IN INTESTATE SUCCESSION

Intestate Heir Excludes Excluded By Concurs With
Legitimate children & Ascendants, collaterals & No one Surviving spouse,
Legitimate descendants the State illegitimate children
Illegitimate children & Illegitimate parents, No one Surviving spouse,
Descendants collateral relatives & the legitimate children, and
State legitimate parents
Legitimate parents & Collateral relatives & the Legitimate children Illegitimate children &
legitimate descendants State surviving spouse
Illegitimate parents Collateral relatives & the Legitimate children & Surviving spouse
State illegitimate children
Surviving spouse Collateral relatives other No one Legitimate children,
than siblings, nephews and illegitimate children,
nieces legitimate parents and
illegitimate parents
Siblings, nephews All other collateral Legitimate children, Surviving spouse
nieces relatives & the State illegitimate children,
legitimate parents and
illegitimate parents
Other collateral Collateral relatives remoter Legitimate children, Collateral relatives in the
relatives within 5th in degree & the State illegitimate children, same degree
degree legitimate parents and
illegitimate parents, &
surviving spouse

The State No one Everyone No one

ORDER OF INTESTATE SUCCESSION OF A LEGITIMATE CHILD, AN ILLEGITIMATE CHILD

AND AN ADOPTED CHILD

Legitimate Child Illegitimate Child Adopted Child

1 Legitimate children and Legitimate children and Legitimate children and
legitimate descendants of legitimate descendants legitimate descendants of
the former the former
2 Legitimate parents and Illegitimate children and Adoptive parents (see Sec.
legitimate ascendants legitimate or illegitimate 16 and 18, R.A. 8552)
descendants of the former
3 Illegitimate children and Illegitimate parents Illegitimate children and
legitimate or illegitimate legitimate or illegitimate
descendants of the former descendants of the former
4 Surviving spouse Surviving spouse Surviving spouse
5 Legitimate siblings, Illegitimate siblings, Biological siblings,
nephews, nieces nephews, nieces nephews, nieces (Art. 992
also applies)
6 Legitimate collateral State Collateral relatives (Art.
relatives 992 also applies)
7 State State