Surviving

heir

Illegitimate
children

Legitime

Intestate share

1/3

1/2

1/3

1/2

(Remaining 1/3 is free portion;

Art. 894, NCC)

Art. 998

1/4

1/4

1/8

1/4

1/2

1/2

Legitimate
parents

(Art. 899, NCC; testator may

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

Art. 1000

Illegitimate
children

1/4

1/2

1/2

1/2

1/2

1/2

1/4 (taken from the free portion)

1/2

Surviving
spouse

Illegitimate
children
Surviving
spouse

Legitimate
parents
Legitimate
parents
Surviving
spouse

(Art. 893, NCC)

Art. 997

Illegitimate
parents

1/4

1/2

1/4

1/2

1/2 (divided by number of

illegitimate children)

All

Surviving
spouse
Illegitimate
children alone

Surviving
heir

Legitime

Intestate share

Remainder is free portion (Art.

901, NCC)
Legitimate
parents alone

1/2; remaining half is free portion

(Arts. 889 and 890, NCC)

All

Illegitimate
parents alone

1/2

All

Surviving
spouse alone

1/2, 1/3, 1/2 (Art. 900, NCC)

All

Legitimate
children (or
their
descendants)
alone

1/2 (divided by the number of

children)

All

One legitimate
child (or
descendant)

1/2

1/2

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

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)

Art. 996

Surviving
spouse

Remaining half is free portion

(Art. 888, NCC)

Surviving
heir

Legitimate
children
Illegitimate
children
Surviving
spouse
Legitimate
child
Illegitimate
child

Legitime

1/2

1/2

1/2 of each legitimate child

1/2 of each legitimate child

Equal to the share of 1 legitimate

child

Equal to the share of 1

legitimate child

1/2

Please readArticle 176 of

the Family Code: computing
the legitimes of legitimate
and illegitimate children; an
illegitimate child gets onehalf)

1/2 of each legitimate child (Art.

176, Family Code)
Remainder is free portion (Art.
892, NCC)

Surviving
spouse

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

Intestate share

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

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