ORDER OF INTESTATE SUCCESSION

Compulsory Heirs in Legitimes Intestate Heirs1. Legitimate child/descendant2. Illegitimate child/descendant3. Legitimate parent/ascendant4. Illegitimate parent5. Surviving Spouse

1. Legitimate child/descendant2. Illegitimate child/descendant3. Legitimate parent/ascendant4. Illegitimate parent5. Surviving Spouse6. Brother/sister

Nephew/niece7. Other collaterals up to the 5th degree8. State

Notes:- The first 5 intestate heirs exclude the last 3, except intestate heirs 5&6, who will concur

RULES OF EXCLUSION AND CONCURRENCE IN INTESTACY

Excludes Concurs with Excluded byLegitimate children Parents

Collaterals The state

Surviving spouse Illegitimate children No one

Illegitimate children Illegitimate parents Collaterals The state

Surviving spouse Legitimate children Legitimate parents

No one

Legitimate parents Collaterals The state

Illegitimate children Surviving spouse

Legitimate children

Illegitimate parents Collaterals The state

Surviving spouse Legitimate children Illegitimate children

Surviving spouse Collaterals other than brothers, sisters, nephews, nieces

The state

Legitimate & illegitimate children

Legitimate & illegitimate parents

Brothers, sisters, nephews & nieces

No one

Brothers & sisters, nephews & nieces

All other collaterals The state

Surviving spouse Legitimate & illegitimate children

Legitimate & illegitimate parents

Other collaterals Collaterals in remoter degrees

The state

Collaterals in the same degree

Legitimate & illegitimate children

Legitimate & illegitimate parents

Surviving spouse Brothers & sisters,

nephews & niecesThe state No one No one Everyone

COMBINATIONS IN INTESTATE SUCCESSION

COMBINATION LEGITIME TOTAL INTESTACY1 LC LC = 1/2 Whole estate divided equally2 LC & SS LC = 1/2

SS = share of 1 LCWhole estate divided equally(SS counted as 1 LC)

3 1LC & SS 1LC = 1/2SS = 1/4

LC = 1/2SS = 1/2

4 LC & IC LC = 1/2IC = 1/2 share of 1LC

Whole estate, each IC getting 1/2 share of 1 LC

5 LC, IC & SS LC = 1/2IC = 1/2 share of 1LCSS = share of 1LC

Whole estate, each IC getting 1/2 share of 1 LC(SS counted as 1 LC)

6 1LC, IC & SS 1LC = 1/2IC = 1/2 share of 1LCSS = 1/4

Whole estate, each IC getting 1/2 share of 1LC(SS counted as 1 LC)

7 LP LP = 1/2 Whole estate divided equally8 LA LA = 1/2 Whole estate divided equally

(observe rule of division by line)9 LP & IC LP = 1/2

IC = 1/4LP = 1/2IC = 1/2

10 LP & SS LP = 1/2SS = 1/4

LP =1/2SS = 1/2

11 LP, IC & SS LP = 1/2IC = 1/4SS = 1/8

LP = 1/2IC = 1/4SS = 1/4

12 SS SS = 1/2 Whole estate13 SS & IC SS = 1/3

IC = 1/3SS = 1/2IC = 1/2

14 SS & IP SS = 1/4IP = 1/4

SS = 1/2IP = 1/2

15 IC IC = 1/2 Whole estate divided equally16 IP IP = 1/2 Whole estate divided equally17 LB/LS If all full blood or if all half blood, divide whole

estate equally;If mixed blood, half blood gets 1/2 share of full blood

18 LB/LS & SS LB/LS = noneSS = 1/2

LB/LS = 1/2SS = 1/2

19 IB/IS If all full blood or if all half blood, divide whole estate equally;If mixed blood, half blood gets 1/2 share of full blood

20 IB/IS & SS IB/IS = noneSS = 1/2

IB/IS = 1/2SS = 1/2

21 N/N If all full blood or if all half blood, inherit per capita;If mixed blood, half blood gets 1/2 share of full blood

22 N/N & U/A N/N = whole estate divided equallyU/A = none (excluded)

23 Other collaterals Whole estate divided equally

Notes:- A legitimate child includes an adopted child- Rule of division by line (8):

o Should there be more than one ascendant of equal degree belonging to the same line, they shall divide the inheritance per capita

o Should they be of different lines but of equal degree, 1/2 shall go to the paternal and the other half to the maternal ascendants. In each line, the division shall be made per capita

- Brothers/sisters and nephews/nieces are not compulsory heirs. Hence, they have no legitime (17&22)

- Nephews/nieces may inherit only by right of representation (20, 21)- Uncles & Aunts are excluded by nephews/nieces the nearer excludes the more remote (22)