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Surviving heir Legitime Intestate share

Illegitimate children 1/3 1/2 Legitimate children (or their descendants) alone 1/2 (divided by All
the number of
Surviving spouse 1/3 1/2 children)

(Remaining 1/3 Remaining half is


is free portion; free portion (Art.
Art. 894, NCC) 888, NCC)
Illegitimate children 1/3 1/2 One legitimate child (or descendant) 1/2 1/2

Surviving spouse 1/3 1/2 Surviving spouse


1/4 1/2
Legitimate parents (Remaining 1/3
is free portion; Remaining 1/4 is
Art. 894, NCC) free portion (Art.
Illegitimate children 1/4 1/4 892, NCC)
Two or more legitimate children (or their 1/2 (divided by Consider spouse as 1 legitimate
Surviving spouse 1/8 1/4 descendants) the number of child and divide estate by total
children) number
Legitimate parents 1/2 1/2

(Art. 899, NCC; Surviving spouse


testator may Equal to the
freely dispose of share of one
the remaining child
1/8 of the
estate.) Remainder is
Illegitimate children 1/4 1/2 free portion (Art.
892, NCC)
Legitimate parents 1/2 1/2 Legitimate child 1/2 Please read Article 176 of the
Family Code: computing the
Legitimate parents 1/2 1/2 Illegitimate child 1/2 of each legitimes of legitimate and
legitimate child illegitimate children; an
Surviving spouse 1/4 (taken from 1/2 (Art. 176, Family illegitimate child gets one-half)
the free portion) Code)

(Art. 893, NCC) Remainder is


Illegitimate parents 1/4 1/2 free portion (Art.
892, NCC)
Surviving spouse 1/4 1/2 Surviving spouse 1/2 (remaining 1/2
Illegitimate children alone 1/2 (divided by All half is free
number of portion; Art.
illegitimate 900, NCC)
children)

Remainder is Brothers and sisters (nephews and nieces, in case Not entitled to 1/2 (divided by the number of
free portion (Art. of deceased siblings) anything since brothers and sisters; nephews
901, NCC) they are not and nieces of deceased siblings
Legitimate parents alone 1/2; remaining All compulsory divide among themselves the
half is free heirs; testator share that should have to their
portion (Arts. may choose to parents)
889 and 890, give them
NCC) something out Art. 1001, NCC
Illegitimate parents alone 1/2 All of the free
Surviving spouse alone 1/2, 1/3, 1/2 All portion
(Art. 900, NCC)

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