SURVIVING HEIR LEGITIME INTESTATE SHARE

Illegitimate children 1/3 1/2

Surviving spouse 1/3 1/2

(Remaining 1/3 is free portion; Art. 894,

NCC)
Illegitimate children 1/4 1/4

Surviving spouse 1/8 1/4

Legitimate parents 1/2 1/2

(Art. 899, NCC; testator may freely dispose

of the remaining 1/8 of the estate.)
Illegitimate children 1/4 1/2

Legitimate parents 1/2 1/2

Legitimate parents 1/2 1/2

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

(Art. 893, NCC)

Illegitimate parents 1/4 1/2

Surviving spouse 1/4 1/2

Illegitimate children alone 1/2 (divided by number of illegitimate All
children)

Remainder is free portion (Art. 901, NCC)

Legitimate parents alone 1/2; remaining half is free portion (Arts. 889 All
and 890, NCC)
Illegitimate parents alone 1/2 All
Surviving spouse alone 1/2, 1/3, 1/2 (Art. 900, NCC) All
Legitimate children (or their 1/2 (divided by the number of children) All
descendants) alone
Remaining half is free portion (Art. 888,
NCC)
One legitimate child (or 1/2 1/2
descendant)

Surviving spouse 1/4 1/2

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

Two or more legitimate 1/2 (divided by the number of children) Consider spouse as 1 legitimate child and divide estate
children (or their by total number
descendants)

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: computing
the legitimes of legitimate and illegitimate children; an
Illegitimate child 1/2 of each legitimate child (Art. 176, Family illegitimate child gets one-half)
Code)

Remainder is free portion (Art. 892, NCC)

Surviving spouse 1/2 (remaining half is free portion; Art. 900, 1/2
NCC)

Not entitled to anything since they are not

compulsory heirs; testator may choose to
Brothers and sisters (nephews give them something out of the free portion 1/2 (divided by the number of brothers and sisters;
and nieces, in case of nephews and nieces of deceased siblings divide among
deceased siblings) themselves the share that should have to their parents)

Art. 1001, NCC