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Table of Intestate Shares

Legitimate children alone The whole estate divided equally


The whole estate
Legitimate children + illegitimate children
Each illegitimate child getting 1/2 share of
one legitimate child
The whole estate
Legitimate children + surviving spouse
Divided equally
The whole estate
Legitimate children + surviving spouse +
illegitimate children Each illegitimate child getting 1/2 share of
one legitimate child
The whole estate
Legitimate parents alone
Divided equally
The whole estate
Legitimate ascendants other than parents
alone Observing in the proper case, division by line
alone
Legitimate parents = ½ of the estate
Legitimate parents + illegitimate children
Illegitimate children = ½ of the estate
Legitimate parents = ½ of the estate
Legitimate parents + surviving spouse
Surviving spouse = ½ of the estate
Legitimate parents = ½ of the estate
Legitimate parents + surviving spouse +
Surviving spouse= ½ of the estate
illegitimate children
Illegitimate children = ¼ of the estate
The whole estate
Illegitimate children alone
Divided equally
Illegitimate children = ½ of the estate
Illegitimate children + surviving spouse
Surviving spouse = ½ of the estate
Surviving spouse alone The whole estate
Surviving spouse = ½ of the estate

Illegitimate children = ½ of the estate


Surviving spouse + illegitimate parents
Note: No article in the Civil Code provides
for this, Art. 997 is applied only by analogy
Surviving spouse + legitimate brothers and Surviving spouse = ½ of the estate
sisters, nephew and nieces
Legitimate brothers and sisters, nephews and
nieces = ½ of the estate
Surviving spouse = ½ of the estate
Surviving spouse + illegitimate brothers
and sisters, nephews and nieces Illegitimate brothers and sisters, nephews and
nieces = ½ of the estate
Illegitimate parents alone The whole estate
Illegitimate parents = EXCLUDED

One child alone = the whole estate


Illegitimate parents and children of any
kind
Legitimate and illegitimate children = the
whole estate, each illegitimate child getting ½
share of one legitimate child.
The whole estate.
Legitimate brothers and sisters alone
With a brother / sister of half-blood inheriting
½ the share of a brother / sister in full blood.
The whole estate

Legitimate brothers and sisters, nephews Observing 2:1 proportion of full and half-
and nieces blood fraternity and the nephews and nieces
inheriting by right of representation in proper
cases.
Uncles and Aunts = EXCLUDED

Nephews and nieces with uncles and aunts Nephews and nieces = the whole estate per
capita but observing 2:1 proportion for full
and half-blood
The whole estate.
Illegitimate brothers and sisters alone
Observing 2:1 proportion of full and half-
blood fraternity
The whole estate
Illegitimate brothers and sisters, nephews
and nieces
Applying Art. 1005 and Art. 1008 by analogy
The whole estate
Nephews and nieces alone
Observing 2:1 proportion of full and half-
blood fraternity
The whole estate per capita the nearer in
Other collateral relatives
degree excluding the more remote
State The whole estate.

Assignment and disposition


1. If decedent was a resident of the
Philippines at any time

a. Personal property goes to the


municipality of last residence; and
b. Real property goes to the municipality
where it is situated

2. If decedent was never a resident

a. Personal and real property go to the


municipality where it is situated

How property is to be used

1. For the benefit of public educational


and charitable institutions in the
respective municipalities and cities
2. At the instance of an interested party,
or motu proprio, the court may order
the creation of a permanent trust for
the benefit of the institution concerned

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