LEGITIMES IN INTESTATE SUCCESSION

INTESTATE SUCCESSION

IN THE DIRECT
INTESTATE
SUCCESSION IN THE SURVIVED BY

DESCENDING LINE

SURVIVED BY
ASCENDING DIRECT
LINE

I L L E G I T I M AT E
CHILDREN,
AND THEIR
L E G I T I M AT E

SURVIVED BY
SURVIVED BY
C O L L AT E R A L
RELATIVES
THE STATE
LEGITIMATE CHILDREN SURVIVED BY SPOUSE
AND DESCENDANTS LEGITIMATE PARENTS A N D - not extend beyond
AND ASCENDANTS L E G I T I M AT E the 5th line
DESCENDANTS

if survived
with: IC
IC; 1/2 of the share of each
of LC
SP/A: 1/2 of the estate SS: 1/2 of the

estate
In default of
persons entitled to

IC: 1/2

IN CASE OF PARTIAL
IC: 1/2
succeed
accordance with
the law
in

of
INTESTACY i n t e s t a t e
- to fulfill the share of the
legatees and devisees, it
shall be taken from the

succession.

THROUGH
share of the IC - escheat

if survived SS: same share of as that of

SP/A: 1/2 of the estate

SS: 1/2 SP/A: 1/2 of the

SS: 1/2
proceedings

with: SS LC.
- if only one LC, the other
half shall go to him/her.
SS: 1/2 IC: 1/2
estate

SS: 1/2
BS: 1/2
ORDER
DISTRIBUTION
OF PROPERTIES
OF

IN CASE OF PARTIAL 1. pay the debts

INTESTACY and charges
- to fulfill the share of the 2. the personal
legatees and devisees, it property shall be
shall be taken from the assigned to the
share of the SS municipality or city
where the
if survived
with: IC
SS: same share of as that of

LC
SP/A: 1/2 of the estate SP/A: 1/2 of the

estate
deceased last
resided in the
and SS
IC: 1/2 of the share of each
SS: 1/4

SS: 1/4
philippines
3. the real estate,

of LC

NOTE:

IC: 1/4

legitime of the LC shall be
preferred.
- share of the LC and SS is
preferred over the share of
the IC
Hence; in order to satisfy the
share of the SS, it shall be
taken from the share of the
IC.
IN CASE OF PARTIAL
IC: 1/4
on the other hand,
shall be assigned
to the municipality
or city in which the
INTESTACY same is situated
- to fulfill the share of the 4. if the deceased
legatees and devisees, it never resided in
shall be taken from the the Phil, the whole
share of the SS estate shall be
assigned to the
r e s p e c t i v e
municipalities or
cities, where the
same is situated

PRESCRIPTION
PERIOD TO FILE
CLAIM ON THE
ESTATE
within 5 years
- from the date the
property was
delivered to the
state.
 LEGITIMES IN TESTAMENTARY SUCCESSION

WHEN SURVIVED ALONE

COMPULSORY HEIR/s OF THE SAME KIND SURVIVE ALONE

without concurrence
EXE: IF SURVIVED ONLY BY SS

SS entitled only to 1/3 of the hereditary estate

EXE TO THE EXE
- parties have been
living as husband and
- 1/2 of the hereditary estate 1. when the marriage was solemnized in ariculo wife for MORE THAN 5
mortis; and YEARS prior to the
2. the deceased died within 3 months from the time marriage
of marriage - entitled to 1/2 of
hereditary estate.

WHEN PRIMARY CONCURS WITH CONCURRING COMPULSORY HEIRS

1 LC and SS SEVERAL LC and SS 1 LC and IC SEVERAL LC and IC 1 LC and SS:IC SEVERAL LC and
SS:IC

LC: 1/2 LC: 1/2 LC: 1/2 LC: 1/2 LC: 1/2 LC: 1/2
SS: 1/4 SS: share equal to that IC: 1/2 of the share of IC: 1/2 of the share of SS: 1/4 SS: 1/4
of each child

the LC

NOTE:

each LC IC: 1/2 of the share of

each LC
IC: 1/2 of the share of

each LC

if the free portion is not NOTE: share of the SS NOTE: share of the SS
sufficient, the IC shall has preference over the has preference over the
divide the free portion share of the IC. share of the IC.
equally among - so to satisfy the share - so to satisfy the share
themselves of SS, it may be of SS, it may be
deducted from the deducted from the
share of the IC, pro share of the IC, pro
rata. rata.

WHEN SECONDARY CONCURS WITH CONCURRING COMPULSORY HEIRS

LP and SS LP and IC LP and SS;IC IP and CHILDREN IP and SS

LP: 1/2 LP: 1/2 LP: 1/2 IF LC IP: 1/4

SS: 1/4 IC: 1/4 IC: 1/4

SS: 1/8
- IP is excluded

IF IC
SS: 1/4

NOTE: share of the SS

has preference over the
share of the IC.

-?

o excluded talaga?
- so to satisfy the share
of SS, it may be
deducted from the
share of the IC, pro
rata.

CONCURRENCE WITH CONCURRING COMPULSORY HEIRS

SS and IC:

SS; 1/3
IC; 1/3
FREE PORTION; 1/3

LEGITIMES IN INTESTATE SUCCESSION

INTESTATE SUCCESSION

IN THE DIRECT
INTESTATE
SUCCESSION IN THE SURVIVED BY

DESCENDING LINE

SURVIVED BY
ASCENDING DIRECT
LINE

I L L E G I T I M AT E
CHILDREN,
AND THEIR
L E G I T I M AT E

SURVIVED BY
SURVIVED BY
C O L L AT E R A L
RELATIVES
THE STATE
LEGITIMATE CHILDREN SURVIVED BY SPOUSE
AND DESCENDANTS LEGITIMATE PARENTS A N D - not extend beyond
AND ASCENDANTS L E G I T I M AT E the 5th line
DESCENDANTS
if survived
with:
SS: 1/2

NOTES IF NEPHEWS
AND NEICES
brothers or
sisters,
BSNN: 1/2 RULE
PROXIMITY
OF LANG;
- between half
nephews
and nieces
of the
NOTE
- this rule applies
even if the

- an absolute rule

IF SURVIVED WITH
blood and full
blood NN; full
blood's share is
deceased marriage is in NEPHEWS AND double to that of
articulo mortis
(dies within 3mis
afetr the

NIECES

BS: inherit in their

the half blood.

O T H E R
celebration of own right. per C O L L AT E R A L

marriage)

IN CASE OF

capita.

NN: inherit by right

RELATIVES
- aunt and uncles,
other relatives
L E G A L of representation. within the 5th
SEPARATION
- the offending
spouse is

per stirpes

IF SURVIVED WITH
degree, shall only
inherit in the
absence of BSNN
d i s q u a l i fi e d t o HALF BLOOD B/S - rule of proximity
inherit from the - the share of the full - if within same
innocent spouse blood is double that degree in
of the half blood maternal and
- if half blood lahat, paternal line, each
equal shares shall inherit in
same amount.