Heirs and inheritance : Who inherits from a man or woman

who died single and with no last will?
Situation 1: The man or woman who died single has living (a) legitimate parents or
ascendants – grandparents, or great-grandparents, and (b) siblings, but with no illegitimate
children.

Articles 985, 986, and 987 of the New Civil Code of the Philippines (NCC) are the governing
laws in this situation.

Art. 985. In default of legitimate children and descendants of the deceased, his parents and
ascendants shall inherit from him, to the exclusion of collateral relatives.

Art. 986. The father and mother, if living, shall inherit in equal shares.

Should one only of them survive, he (father) or she (mother) shall succeed to the entire estate of
the child.

Art. 987. In default of the father and mother, the ascendants nearest in degree shall inherit.

Should there be more than one of equal degree belonging to the same line they shall divide the
inheritance per capita; should they be of different lines but of equal degree, one-half shall go to
the paternal and the other half to the maternal ascendants. In each line the division shall be made
per capita.
1. Only the man or woman’s parents or ascendants (whether paternal or maternal) will inherit;
the siblings (the “collateral relatives” in Art. 985) are excluded.

2. Based on the principle “nearer excludes farther”, parents will exclude the grandparents from
inheriting, and grandparents will exclude great-grandparents.

Situation 2: The man or woman who died single has no living ascendant, but is survived by
(a) siblings, and (b) illegitimate children.

Articles 988, 989, and 990 NCC are the governing laws in this situation.
Art. 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall
succeed to the entire estate of the deceased.

Art. 989. If, together with illegitimate children, there should survive descendants of another
illegitimate child who is dead, the former shall succeed in their own right and the latter by right
of representation.

Art. 990. The hereditary rights granted by the two preceding articles to illegitimate children shall
be transmitted upon their death to their descendants, who shall inherit by right of representation
from their deceased grandparent.

1. Only the illegitimate children will inherit; the siblings are excluded from inheriting.

2. If any of the illegitimate children had died earlier, their own children will inherit by right of
representation.

Situation 3: The man or woman who died single has living (a) legitimate ascendants like
parents or grandparents, (b) siblings, and (c) illegitimate children.

Article 991 NCC is the governing law in this situation.

Art. 991. If legitimate ascendants are left, the illegitimate children shall divide the inheritance
with them, taking one-half of the estate, whatever be the number of the ascendants or of the
illegitimate children.
1. Only the ascendants and the illegitimate children will inherit; the siblings are excluded.

2. Proportion: 50% of the estate to be divided among the illegitimate children; 50% to be divided
among the surviving ascendants.

3. Based on the principle “nearer excludes farther”, parents will exclude the grandparents from
inheriting, and grandparents will exclude great-grandparents.

Situation 4: The man or woman who died single is illegitimate, and is survived by (a)
siblings, and (b) either or both biological parents.

Article 993 NCC is the governing law in this situation.

Art. 993. If an illegitimate child should die without issue, either legitimate or illegitimate, his
father or mother shall succeed to his entire estate; and if the child’s filiation is duly proved as to
both parents, who are both living, they shall inherit from him share and share alike.

1. Only the biological parents will inherit; they will exclude the man or woman’s siblings from
inheriting.

2. In a lot of situations, the illegitimate child is raised and supported by only one parent. If you
are an illegitimate child, how can you prevent the other parent from inheriting under Article 993?
You must execute a last will disinheriting that parent under Article 920 NCC.

Situation 5: The man or woman who died single has (a) no living ascendants, (b) no
illegitimate children, but is survived by (c) brothers or sisters – whether full blood or half
blood, and (d) legitimate nephews or nieces.

Articles 1003, 1004, 1005, 1006, 1009, and 1010 NCC are the governing laws in this situation.
Art. 1003. If there are no descendants, ascendants, illegitimate children, or a surviving spouse,
the collateral relatives shall succeed to the entire estate of the deceased in accordance with the
following articles.
Art. 1004. Should the only survivors be brothers and sisters of the full blood, they shall inherit in
equal shares.

Art. 1005. Should brothers and sisters survive together with nephews and nieces, who are the
children of the decedent’s brothers and sisters of the full blood, the former shall inherit per
capita, and the latter per stirpes.

Art. 1006. Should brother and sisters of the full blood survive together with brothers and sisters
of the half blood, the former shall be entitled to a share double that of the latter.

Art. 1007. In case brothers and sisters of the half blood, some on the father’s and some on the
mother’s side, are the only survivors, all shall inherit in equal shares without distinction as to the
origin of the property.

Art. 1008. Children of brothers and sisters of the half blood shall succeed per capita or per
stirpes, in accordance with the rules laid down for the brothers and sisters of the full blood.

1. Brother and sisters of the full blood are entitled to double the share of brothers and sisters of
the half blood (Art. 1006).

2. Please read my post titled “Can nephews and nieces inherit from their unmarried uncles or
aunts?”

Situation 6: The man or woman who died single has no living (a) ascendants, (b)
illegitimate children, (c) brothers or sisters, (d) nephews or nieces, but is survived by (e)
collateral relatives like uncles or aunts, and cousins.

Articles 1009 and 1010 NCC are the governing laws in this situation.
Art. 1009. Should there be neither brothers nor sisters nor children of brothers or sisters, the
other collateral relatives shall succeed to the estate.

The latter shall succeed without distinction of lines or preference among them by reason of
relationship by the whole blood.

Art. 1010. The right to inherit ab intestato shall not extend beyond the fifth degree of relationship
in the collateral line.

1. Principle of “nearer excludes farther” applies; the relative nearer in degree will exclude the
relative farther in degree.

2. Children of first cousins are not entitled to inherit by right of representation.

Situation 7: The man or woman died single with no living parents or ascendants, siblings,
nephews or nieces, or with no qualified collateral relatives.
The State will inherit the whole estate under Articles 1011 to 1014 NCC.