Surviving heir
Legitime
Intestate share
Illegitimate children
Surviving spouse1/3
1/3
(Remaining 1/3 is free portion; Art. 894, NCC)1/2
1/2
Illegitimate children
Surviving spouse
Legitimate parents1/4
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 parents1/4
1/21/2
1/2
Legitimate parents
Surviving spouse1/2
1/4 (taken from the free portion)
(Art. 893, NCC)1/2
1/2
Illegitimate parents
Surviving spouse1/4
1/41/2
1/2
Illegitimate children alone1/2 (divided by number of
illegitimate children)
Remainder is free portion (Art. 901, NCC)All
Legitimate parents alone1/2; remaining half is free portion
(Arts. 889 and 890, NCC)All
Illegitimate parents alone1/2All
Surviving spouse alone1/2, 1/3, 1/2 (Art. 900, NCC)All
Legitimate children (or their descendants) alone1/2 (divided by
the number of children)
Remaining half is free portion (Art. 888, NCC)All
One legitimate child (or descendant)
Surviving spouse1/2
1/4
Remaining 1/4 is free portion (Art. 892, NCC)1/2
1/2
Two or more legitimate children (or their descendants)
Surviving spouse1/2 (divided by the number of children)
Equal to the share of one child
Remainder is free portion (Art. 892, NCC)
Consider spouse as 1 legitimate child and divide estate by total
number
Legitimate child
Illegitimate child1/2
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
Brothers and sisters (nephews and nieces, in case of deceased
siblings)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
portion1/2
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
