NICHOL T.

CORDERO
BSREM BATCH 3
Philippine Christian University

Define the following:

 Define succession
 Elements of succession
 Concept of estate
 Difference between testate and intestate succession
 What is the holographic and notarial will
 Discuss legitimate

Succession
Succession refers to the process of transferring property, rights, titles, or obligations from one
person to another after the death of the former. It involves the distribution of the deceased
person's assets among their heirs or beneficiaries according to the applicable laws or the
individual's will.
TYPES OF SUCCESSION
Intestate Succession: In cases where the deceased person did not leave a valid will or if the will
is deemed invalid, the succession process is guided by the rules of intestate succession. These
rules, as outlined in the Civil Code, establish the order in which heirs are determined. Typically,
priority is given to the surviving spouse, children, and other close relatives.
Testate Succession: When the deceased individual has left behind a valid will, the succession
process follows the provisions and instructions specified in the will. The will designates specific
heirs and beneficiaries, and it may also include instructions on how the real estate properties
should be distributed.
Probate Proceedings: In order to facilitate the transfer of ownership of real estate properties,
the estate usually goes through probate proceedings. During these proceedings, the probate
court verifies the validity of the will (if applicable), identifies the rightful heirs, and oversees the
distribution of assets, including real estate, in compliance with the law or the instructions
provided in the will.

Partition: Once the heirs are determined and the probate proceedings are completed, the real
estate properties can be partitioned among the beneficiaries. Partitioning involves dividing the
properties among the heirs based on their respective shares or as agreed upon among them.
This division can be achieved through mutual agreement or, if necessary, through a court
proceeding.
Elements of succession
The elements of succession typically include the deceased person (referred to as the decedent),
the heirs or beneficiaries who will receive the assets, and the applicable laws or legal framework
that governs the distribution of the assets.
Decedent: The deceased person whose estate is subject to succession.
Estate: All assets and liabilities left by the decedent.
Heirs/Beneficiaries: Those entitled to inherit the estate.
Will: Legal document specifying estate distribution.
Intestate Succession: Estate distribution without a valid will.
Probate Proceedings: Legal process validating the will and distributing the estate.
Partition: Division of estate, including real estate, among heirs or beneficiaries.

Concept of estate
In the context of succession, an estate refers to the total net worth of a deceased individual at
the time of their death. It encompasses all their assets, such as real estate, investments,
personal belongings, and debts. The estate is the subject of distribution among the heirs or
beneficiaries during the succession process.

Difference between testate and intestate succession

Testate succession occurs when the deceased individual has left behind a valid will stating their
wishes regarding the distribution of their assets. The will specifies the beneficiaries and their
respective shares. Intestate succession, on the other hand, occurs when the deceased person
has not left behind a valid will. In such cases, the distribution of assets is determined by the
laws of intestacy, which vary depending on the jurisdiction and the familial relationships of the
deceased.
Holographic and notarial will
A holographic will is a handwritten will made by the testator (the person making the will)
themselves, without the involvement of witnesses. It is usually recognized as valid if it meets
certain requirements, such as being entirely handwritten and signed by the testator. A notarial
will, on the other hand, is prepared with the assistance of a notary public or another authorized
person who oversees the signing of the will by the testator and witnesses. It typically follows
specific legal formalities and is considered more formal than a holographic will.
Legitimate
In the context of succession, the term "legitimate" refers to individuals who are born to parents
who are legally married or have a legally recognized relationship. Legitimate heirs typically have
certain inheritance rights and are entitled to a share of the deceased person's estate according
to the applicable laws or the terms of a will. The concept of legitimacy varies across jurisdictions
and can be influenced by cultural and legal factors.