Surviving heir

Legitime

Intestate share

Illegitimate children Surviving spouse

1/3 1/3 (Remaining 1/3 is free portion; Art. 894, NCC)

1/2 1/2

Illegitimate children Surviving spouse Legitimate parents

1/4 1/8 1/2 (Art. 899, NCC; testator may freely dispose of the remaining 1/8 of the estate.)

1/4 1/4 1/2

Illegitimate children Legitimate parents Legitimate parents Surviving spouse

1/4 1/2 1/2 1/4 (taken from the free portion) (Art. 893, NCC)

1/2 1/2 1/2 1/2

Illegitimate parents Surviving spouse Illegitimate children alone

1/4 1/4 1/2 (divided by number of illegitimate children) Remainder is free portion (Art. 901, NCC)

1/2 1/2 All

Legitimate parents alone

1/2; remaining half is free portion (Arts. 889 and 890, NCC)

All

Illegitimate parents alone Surviving spouse alone Legitimate children (or their descendants) alone

1/2 1/2, 1/3, 1/2 (Art. 900, NCC) 1/2 (divided by the number of children) Remaining half is free portion (Art. 888, NCC)

All All All

One legitimate child (or descendant) Surviving spouse

1/2 1/4 Remaining 1/4 is free portion (Art. 892, NCC)

1/2 1/2

Two or more legitimate children (or their descendants)

1/2 (divided by the number of children)

Consider spouse as 1 legitimate child and divide estate by total number

Surviving spouse

Equal to the share of one child Remainder is free portion (Art. 892, NCC)

Legitimate child Illegitimate child

1/2 1/2 of each legitimate child (Art. 176, Family Code) Remainder is free portion (Art. 892, NCC)

Please read Article 176 of the Family Code: computing the legitimes of legitimate and illegitimate children; an illegitimate child gets one-half)

Surviving spouse

1/2 (remaining half is free portion; Art. 900, NCC) Not entitled to anything since they are not compulsory heirs; testator may choose to give them something out of the free portion

1/2

Brothers and sisters (nephews and nieces, in case of deceased siblings)

1/2 (divided by the number of brothers and sisters; nephews and nieces of deceased siblings divide among themselves the share that should have to their parents) Art. 1001, NCC