re different. The whole net estate is to be divided among the heirs.

If the survivor is:

1.) Legitimate children, illegitimate children, legitimate parents or

surviving spouse only: the whole estate
2.) 1 legitimate child and surviving spouse: 1/2 each
3.) Surviving spouse and 2 or more legitimate children: divide the whole
estate between them all in equal portions
4.) 2 or more legitimate children, surviving spouse and illegitimate
children: satisfy legitimes first, then divide the rest pro rata
5.) Legitimate parents and surviving spouse: 1/2 each
6.) Illegitimate parents and surviving spouse: 1/2 each
7.) Illegitimate children and surviving spouse: 1/2 each, but illegitimate
children must divide their share equally among themselves
8.) Legitimate parents, illegitimate children and surviving spouse: parents
get 1/2, illegitimate children get 1/4 and surviving spouse gets 1/4
9.) Surviving spouse and collateral relatives: 1/2 for the surviving
spouse, 1/2 for the collateral relatives (to be divided equally among each
other)

Surviving Legitime Intestate share

heir

Illegitimate 1/3 1/2

children
1/3 1/2
Surviving spouse
(Remaining 1/3 is
free portion; Art.
894, NCC)

Illegitimate 1/4 1/4

children
1/8 1/4
Surviving spouse
1/2 1/2
Legitimate
parents (Art. 899, NCC;
testator may freely
dispose of the
remaining 1/8 of the
estate.)

Illegitimate 1/4 1/2

children
1/2 1/2
Legitimate
parents

Legitimate 1/2 1/2

parents
1/4 (taken from the 1/2
Surviving spouse free portion)

(Art. 893, NCC)

Illegitimate 1/4 1/2

parents
1/4 1/2
Surviving spouse

Illegitimate 1/2 (divided by All

children alone number of
 illegitimate children)

Remainder is free
portion (Art. 901,
NCC)

Legitimate 1/2; remaining half is All

parents alone free portion (Arts.
889 and 890, NCC)

Illegitimate 1/2 All

parents alone

Surviving spouse 1/2, 1/3, 1/2 (Art. All

alone 900, NCC)

Legitimate 1/2 (divided by the All

children (or their number of children)
descendants)
alone Remaining half is
free portion (Art.
888, NCC)

One legitimate 1/2 1/2

child (or
descendant)
1/4 1/2
Surviving spouse
Remaining 1/4 is
free portion (Art.
892, NCC)

Two or more 1/2 (divided by the Consider spouse as 1

legitimate number of children) legitimate child and
children (or their divide estate by total
descendants) number

Equal to the share of

one child
Surviving spouse
Remainder is free
portion (Art. 892,
NCC)
Legitimate child 1/2 Please read Article 176
of the Family Code:
Illegitimate child 1/2 of each computing the
legitimate child (Art. legitimes of legitimate
176, Family Code) and illegitimate
children; an illegitimate
Remainder is free child gets one-half)
portion (Art. 892,
NCC)

Surviving spouse 1/2 (remaining half 1/2

is free portion; Art.
900, NCC)

Not entitled to
Brothers and anything since they 1/2 (divided by the
sisters (nephews are not compulsory number of brothers and
and nieces, in heirs; testator may sisters; nephews and
case of deceased choose to give them nieces of deceased
siblings) something out of the siblings divide among
free portion themselves the share
that should have to
their parents)

Art. 1001, NCC