Table of Legitimes and Intestate

Posted below is a comparative table of legitimes and intestate shares.

Intestate share

Surviving heir

Legitime

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 Illegiti mate children alone

1/2 (divided by number of illegi illegitimate timate children)

 All

Remainder is free portion (Art. 901, NCC) Legitimate parents alone

1/2; remaining half is free portion (Arts. 889 and 890, NCC)

 All

Illegitimate Illegiti mate 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

Remaining half is free portion (Art. 888, NCC) One legitimate child (or descendant)

1/2

1/2

Surviving spouse

1/4

1/2

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

Equal to the share of one child Surviving spouse

Remainder is free portion (Art. 892, NCC)

Legitimate child

1/2

Illegitimate child

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)

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

Please read Article 176 of the Family Code: computing the legitimes of legitimate and illegitimate children; an illegitimate child gets one-half ) 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