Surviving Heir
Illegitimate children
Surviving spouse
Illegitimate children
Surviving spouse
Legitimate parents
Illegitimate children
Legitimate parents
Legitimate parents
Surviving spouse
Illegitimate parents
Surviving spouse
Illegitimate children alone
Legitime Intestate Share
1/3 1/2
1/3 1/2
(Remaining 1/3 is free portion; Art.
894, NCC)
Art. 894. If the testator leaves
illegitimate children, the surviving
spouse shall be entitled to one-third
of the hereditary estate of the
deceased and the illegitimate
children to another third. The
remaining third shall be at the free
disposal of the testator
1/4 1/4
1/8 1/4
1/2 1/2
(Art. 899, NCC; testator may freely
dispose of the remaining 1/8 of the
estate.)
Art. 899. When the widow or
widower survives with legitimate
parents or ascendants and with
illegitimate children, such surviving
spouse shall be entitled to one-
eighth of the hereditary estate of
the deceased which must be taken
from the free portion, and the
illegitimate children shall be
entitled to one-fourth of the estate
which shall be taken also from the
disposable portion. The testator
may freely dispose of the remaining
one-eighth of the estate
1/4 1/2
1/2 1/2
1/2 1/2
1/4 (taken from the free portion) 1/2
(Art. 893, NCC)
Art. 893. If the testator leaves no
legitimate descendants, but leaves
legitimate ascendants, the surviving
spouse shall have a right to one-
fourth of the hereditary estate.
1/4 1/2
1/4 1/2
1/2 (divided by number of All
illegitimate children)
Remainder is free portion (Art. 901,
NCC)
Art. 901. When the testator dies
leaving illegitimate children and no
other compulsory heirs, such
illegitimate children shall have a
right to one-half of the hereditary
estate of the deceased.
The other half shall be at the free
disposal of the testator.
Legitimate parents alone
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
1/2; remaining half is free portion All
(Arts. 889 and 890, NCC)
Art. 889. The legitime of legitimate
parents or ascendants consists of
one-half of the hereditary estates of
their children and descendants.
The children or descendants may
freely dispose of the other half,
subject to the rights of illegitimate
children and of the surviving spouse
as hereinafter provided.
Art. 890. The legitime reserved for
the legitimate parents shall be
divided between them equally; if
one of the parents should have died,
the whole shall pass to the survivor.
If the testator leaves neither father
nor mother, but is survived by
ascendants of equal degree of the
paternal and maternal lines, the
legitime shall be divided equally
between both lines. If the
ascendants should be of different
degrees, it shall pertain entirely to
the ones nearest in degree of either
line
1/2 All
1/2, 1/3, 1/2 (Art. 900, NCC) All
1/2 (divided by the number of All
children)
Remaining half is free portion (Art.
888, NCC)
Art. 888. The legitime of legitimate
children and descendants consists of
one-half of the hereditary estate of
the father and of the mother.
The latter may freely dispose of the
remaining half, subject to the rights
of illegitimate children and of the
surviving spouse as hereinafter
provided
1/2 1/2
1/4 1/2
Remaining 1/4 is free portion (Art.
892, NCC)
Art. 892. If only one legitimate child
or descendant of the deceased
survives, the widow or widower
shall be entitled to one-fourth of the
hereditary estate. In case of a legal
separation, the surviving spouse
may inherit if it was the deceased
who had given cause for the same.
1/2 (divided by the number of Consider spouse as 1 legitimate
children) child and divide estate by total
number
Equal to the share of one child
Remainder is free portion (Art. 892,
NCC)
Legitimate child 1/2 Please read Article 176 of the
Family Code: computing the
Illegitimate child 1/2 of each legitimate child (Art. legitimes of legitimate and
176, Family Code) illegitimate children; an illegitimate
child gets one-half)
Remainder is free portion (Art. 892,
NCC)

Art. 892. If only one legitimate child

or descendant of the deceased
survives, the widow or widower
shall be entitled to one-fourth of the
hereditary estate. In case of a legal
separation, the surviving spouse
may inherit if it was the deceased
who had given cause for the same.
Surviving spouse 1/2 (remaining half is free portion; 1/2
Art. 900, NCC)

Not entitled to anything since they

Brothers and sisters (nephews and
nieces, in case of deceased
siblings)
are not compulsory heirs; testator
may choose to give them something
out of the free portion
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

Art. 900. If the only survivor is the
widow or widower, she or he shall
be entitled to one-half of the
hereditary estate of the deceased
spouse, and the testator may freely
dispose of the other half. (837a)

If the marriage between the

surviving spouse and the testator
was solemnized in articulo mortis,
and the testator died within three
months from the time of the
marriage, the legitime of the
surviving spouse as the sole heir
shall be one-third of the hereditary
estate, except when they have been
living as husband and wife for more
than five years. In the latter case,
the legitime of the surviving spouse
shall be that specified in the
preceding paragraph.