Surviving heir Legitime Intestate share

Illegitimate children 1/3 1/2

Surviving spouse 1/3 1/2

(Remaining 1/3 is free

portion; Art. 894, NCC)

Illegitimate children 1/4 1/4

Surviving spouse 1/8 1/4

Legitimate parents 1/2 1/2

(Art. 899, NCC; testator may

freely dispose of the
remaining 1/8 of the estate.)

Illegitimate children 1/4 1/2

Legitimate parents 1/2 1/2

Legitimate parents 1/2 1/2

Surviving spouse 1/4 (taken from the free 1/2

portion)

(Art. 893, NCC)

Illegitimate parents 1/4 1/2

Surviving spouse 1/4 1/2

Illegitimate children alone 1/2 (divided by number of All

illegitimate children)

Remainder is free portion

(Art. 901, NCC)

Legitimate parents alone 1/2; remaining half is free All

portion (Arts. 889 and 890,
NCC)
Illegitimate parents alone
Surviving spouse alone
Legitimate children (or their
descendants) alone
One legitimate child (or descendant)
Surviving spouse
Two or more legitimate children (or
their descendants)
Surviving spouse
Legitimate child
Illegitimate child
Surviving spouse
Brothers and sisters (nephews and
nieces, in case of deceased siblings)
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)
1/2
1/4
Remaining 1/4 is free portion
(Art. 892, NCC)
1/2 (divided by the number of
children)
Equal to the share of one child
Remainder is free portion
(Art. 892, NCC)
1/2
1/2 of each legitimate child
(Art. 176, Family Code)
Remainder is free portion
(Art. 892, NCC)
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
All
All
All
1/2
1/2
Consider spouse as 1 legitimate
child and divide estate by total
number
Please read Article 176 of the
Family Code: computing the
legitimes of legitimate and
illegitimate children; an
illegitimate child gets one-half)
1/2
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