SUCCESSION

COMBINATIONS IN INTESTATE SUCCESSION:

DECEASED HEIRS SHARE BASIS IN LAW

Both parents Legitimate Legitimate children – the whole Article 979 of NCC. Legitimate
or death of children alone estate, divided equally children and their descendants succeed
remaining the parents and other ascendants,
parent without distinction as to sex or age,
and even if they should come from
different marriages.
Parent Legitimate The whole estate, divided equally Art. 996. If a widow or widower and
children, (the surviving spouse counted as 1 legitimate children or descendants are
Surviving spouse legitimate child) left, the surviving spouse has in the
succession the same share as that of
each of the children. (834a)
Both parents Legitimate The whole estate, each illegitimate Art. 983. If illegitimate children
or death of children, child getting ½ the share of one survive with legitimate children, the
remaining Illegitimate legitimate child shares of the former shall be in the
parent children proportions prescribed by Article 895.
(n)

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 Art. 176 of Family Code.
…The legitime of each illegitimate child
shall consist of one-half of the legitime
of a legitimate child.

Parent Legitimate The whole estate, the surviving Art. 999. When the widow or
children, spouse being counted as one widower survives with legitimate
Illegitimate legitimate child and each children or their descendants and
children & illegitimate child getting ½ the illegitimate children or their
Surviving spouse share of one legitimate child. descendants, whether legitimate or
illegitimate, such widow or widower
shall be entitled to the same share as
that of a legitimate child.
Art. 176 of Family Code.
…The legitime of each illegitimate child
shall consist of one-half of the legitime
of a legitimate child.
DECEASED HEIRS SHARE BASIS IN LAW
Son or Legitimate The whole estate, divided equally Art. 985. In default of legitimate
daughter with parents alone children and descendants of the
no issue deceased, his parents and ascendants

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 shall inherit from him, to the exclusion
of collateral relatives.

Son or Legitimate The whole estate, observing, in Art. 987. In default of the father and
daughter with ascendants proper cases, the rule of division by mother, the ascendants nearest in
no issue (other than line degree shall inherit.
the parents) Should there be more than one of
alone 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.
Son or Legitimate Legitimate parents – ½ of the Art. 991. If legitimate ascendants are
daughter with parents & estate left, the illegitimate children shall
illegitimate Illegitimate Illegitimate children – ½ of the divide the inheritance with them,
children children estate taking one-half of the estate,
whatever be the number of the
ascendants or of the illegitimate
children.

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Son or Legitimate Legitimate parents – ½ of the Art. 997. When the widow or widower
daughter with parents & estate survives with legitimate parents or
spouse but no Surviving spouse Surviving spouse – ½ of the ascendants, the surviving spouse shall
child/children estate be entitled to one-half of the estate,
and the legitimate parents or
ascendants to the other half.
Son or Legitimate Legitimate parents – ½ of the Art. 1000. If legitimate ascendants,
daughter with parents, estate the surviving spouse, and illegitimate
spouse but Surviving spouse Surviving spouse – ¼ of the estate children are left, the ascendants shall
with & Illegitimate children – ¼ of the be entitled to one-half of the
illegitimate Illegitimate estate inheritance, and the other half shall be
children children divided between the surviving spouse
and the illegitimate children so that
such widow or widower shall have one-
fourth of the estate, and the
illegitimate children the other fourth.

DECEASED HEIRS SHARE BASIS IN LAW

Spouse with Surviving spouse The whole estate Art. 994. In default of the father or
deceased mother, an illegitimate child shall be
parents and succeeded by his or her surviving
childless spouse who shall be entitled to the
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 entire estate.
If the widow or widower should survive
with brothers and sisters, nephews and
nieces, she or he shall inherit one-half
of the estate, and the latter the
other half.

Art. 995. In the absence of legitimate

descendants and ascendants, and
illegitimate children and their
descendants, whether legitimate or
illegitimate, the surviving spouse shall
inherit the entire estate, without
prejudice to the rights of brothers and
sisters, nephews and nieces, should
there be any, under article 1001.
Spouse with Surviving spouse Surviving spouse – 1/2 of the Art. 998. If a widow or widower
deceased & estate survives with illegitimate children, such
parents Illegitimate Illegitimate children – 1/2 of the widow or widower shall be entitled to
children estate one-half of the inheritance, and the
illegitimate children or their
descendants, whether legitimate or

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 illegitimate, to the other half.
Spouse with Surviving spouse Surviving spouse – ½ of the estate By analogy with
living & Illegitimate parents– ½ of the Art. 997. When the widow or widower
illegitimate Illegitimate estate survives with legitimate parents or
parents parents ascendants, the surviving spouse shall
be entitled to one-half of the estate,
and the legitimate parents or
ascendants to the other half.
Illegitimate Illegitimate The whole estate, divided equally Art. 988. In the absence of legitimate
parent children alone descendants or ascendants, the
with no illegitimate children shall succeed to
surviving spouse the entire estate of the deceased.
and parent/s
HEIRS
SHARE BASIS IN
LAW
DECEASED
Illegitimate Illegitimate The whole estate Art. 993. If an illegitimate child
child with no parents alone should die without issue, either
surviving spouse legitimate or illegitimate, his father or
& child mother shall succeed to his entire
estate; and if the child's filiation is

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 duly proved as to both parents, who
are both living, they shall inherit from
him share and share alike.
Deceased Surviving spouse Surviving spouse - ½ of the Art. 1001. Should brothers and sisters
Spouse & estate or their children survive with the
widow or widower, the latter shall be
Legitimate Legitimate brothers, sisters, entitled to one-half of the inheritance
brothers & nephews, nieces – ½ of the estate and the brothers and sisters or their
sisters of the (the nephews & nieces inheriting by children to the other half.
deceased representation, in the proper
spouse, cases)

nephews &
nieces of the
deceased spouse

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Deceased Surviving spouse Surviving spouse - ½ of the Art. 994. In default of the father or
Spouse & estate mother, an illegitimate child shall be
succeeded by his or her surviving
illegitimate Illegitimate brothers, sisters, spouse who shall be entitled to the
brothers & nephews, nieces – ½ of the estate entire estate.
sisters of the (the nephews & nieces inheriting by
deceased representation, in the proper If the widow or widower should survive
spouse, cases) with brothers and sisters, nephews and
nieces, she or he shall inherit one-half
nephews & of the estate, and the latter the
nieces of the other half.
deceased spouse
Illegitimate son Illegitimate Illegitimate parents are excluded Art. 993. If an illegitimate child
or daughter parents & should die without issue, either
with children children of any Children will inherit according to legitimate or illegitimate, his father or
of any kind kind their kind – legitimate or mother shall succeed to his entire
illegitimate 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.

DECEASED HEIRS SHARE BASIS IN LAW

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A brother or a Legitimate The whole estate, with a Art. 1004. Should the only survivors
sister with brothers & brother/sister of the half blood be brothers and sisters of the full
deceased sisters inheriting ½ of the share of a blood, they shall inherit in equal
parents, no Half brothers or brother/sister of the full blood shares.
spouse and no half sisters
issue 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.
A brother or a Legitimate The whole estate, observing the Art. 1005. Should brothers and sisters
sister with brothers & 2:1 proportion of full and half survive together with nephews and
deceased sisters, nephews blood fraternity and the nephews nieces, who are the children of the
parents, no & nieces & nieces inheriting by descendant's brothers and sisters of
spouse and no representation in the proper cases the full blood, the former shall inherit
issue per capita, and the latter per stirpes.

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.

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Illegitimate Illegitimate The whole estate, observing the By analogy with
brother or brothers & 2;1 proportion of full and half
sister with sisters alone blood fraternity Art. 1004. Should the only survivors
deceased be brothers and sisters of the full
parents, no blood, they shall inherit in equal
spouse & no shares.
issue
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.

DECEASED HEIRS SHARE BASIS IN LAW

Illegitimate Illegitimate The whole estate By analogy with
brother or brothers & Art. 1005. Should brothers and sisters
sister with sisters, nephews survive together with nephews and
deceased & nieces nieces, who are the children of the
parents, no descendant’s brothers and sisters of
spouse & no the full blood, the former shall inherit
issue per capita, and the latter per stirpes.
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 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.
Uncle or Auntie Nephews & The whole estate, observing the Art. 975. When children of one or
with deceased nieces alone 2;1 proportion of full and half more brothers or sisters of the
parents, blood fraternity deceased survive, they shall inherit
deceased from the latter by representation, if
siblings, no they survive with their uncles or
spouse & no aunts. But if they alone survive, they
issue shall inherit in equal portions.

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.
Relative with Other The whole estate, per capita, the Art. 1009. Should there be neither
deceased collaterals nearer in degree excluding the more brothers nor sisters nor children of
immediate remote brothers or sisters, the other
relatives collateral relatives shall succeed to the
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 estate.

Art. 1010. The right to inherit ab

intestato shall not extend beyond the
fifth degree of relationship in the
collateral line.
Person with no State The whole estate Art. 1011. In default of persons
known heir up entitled to succeed in accordance with
to the 5th the provisions of the preceding
degree of Sections, the State shall inherit the
relationship in whole estate.
the collateral
line

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