Intestate Succession and Legitime in the Philippines: Who Inherits

When a person dies without a valid will in the Philippines, the law determines who inherits their estate through intestate succession. The rules are found in the Civil Code of the Philippines (R.A. No. 386). The key concept is legitime—the portion of the estate that the law reserves for compulsory heirs, such as legitimate children and surviving spouses. This article explains who inherits, how the estate is divided, and what rights compulsory heirs have.

What Is Intestate Succession?

Intestate succession occurs when a person dies without a will, or when a will is declared void or does not dispose of all the deceased's property. In these cases, the law steps in to distribute the estate according to a fixed order of heirs.

The Civil Code governs this process. The fundamental principle is that the estate passes to the nearest relatives in the order established by law. This order prioritizes descendants, then ascendants, then the surviving spouse, and finally collateral relatives (such as siblings).

What Is Legitime and Who Are Compulsory Heirs?

Legitime is the portion of the decedent's estate that the law reserves for compulsory heirs. These heirs cannot be deprived of this share except for causes expressly stated by law. The compulsory heirs in Philippine law include:

• Legitimate children and descendants
• Legitimate parents and ascendants
• The surviving spouse
• Illegitimate children (in certain circumstances)

The legitime protects these heirs from being disinherited entirely. Even if the deceased made a will, the legitime must be respected. If the will violates the legitime, the affected heirs can claim their reserved portion.

How Is the Estate Divided Among Compulsory Heirs?

The Civil Code provides specific rules for dividing the estate among compulsory heirs. The share depends on which heirs survive the decedent.

When There Are Legitimate Children

If the deceased leaves legitimate children or descendants, they inherit the entire estate. The surviving spouse also receives a share equal to that of one legitimate child. For example, if there are three legitimate children and a surviving spouse, the estate is divided into four equal parts.

When There Are No Children But Parents Survive

If the deceased leaves no legitimate children but is survived by legitimate parents and a spouse, the parents and the spouse share the estate. The parents receive one-half, and the spouse receives the other half.

When There Are No Children and No Parents

If the deceased leaves only a surviving spouse, the spouse inherits the entire estate. If there are no compulsory heirs at all, the estate passes to collateral relatives, such as siblings, in the order established by law.

What Happens to Illegitimate Children?

Illegitimate children are also compulsory heirs. Their share is generally one-half of the share of a legitimate child. For instance, if a legitimate child receives 100,000 pesos, an illegitimate child would receive 50,000 pesos. The law balances the rights of all compulsory heirs while recognizing the different legal status of legitimate and illegitimate children.

Can a Person Disinherit a Compulsory Heir?

Disinheritance is possible but strictly limited. The Civil Code requires that disinheritance be made through a will and only for causes expressly provided by law. Examples of valid causes include a child committing an offense against the parent or a spouse having abandoned the other without justifiable cause.

If the disinheritance is not based on a valid cause, or if the will fails to comply with the legal requirements, the disinheritance is void, and the compulsory heir retains their legitime.

How Does a Will Affect Intestate Succession?

If a valid will exists, the estate is distributed according to the will, subject to the legitime of compulsory heirs. The testator can freely dispose of the free portion—the part of the estate not reserved as legitime. However, if the will does not dispose of the entire estate, the remaining property is distributed through intestate succession.

Frequently Asked Questions

Who inherits if a person dies without a will in the Philippines?

The estate passes to compulsory heirs in the order established by the Civil Code: legitimate children and descendants, then parents and ascendants, then the surviving spouse, and finally collateral relatives.

Can a surviving spouse inherit everything if there are no children?

Yes. If the deceased leaves no legitimate children and no surviving parents, the surviving spouse inherits the entire estate.

What is the share of an illegitimate child?

An illegitimate child receives one-half of the share of a legitimate child. The exact amount depends on the number of heirs and the value of the estate.

Practical Takeaways

• Intestate succession applies when there is no valid will, and the Civil Code determines who inherits.
• Legitime protects compulsory heirs, including legitimate children, the surviving spouse, and parents.
• The surviving spouse always has a right to a share, even when children or parents survive.
• Illegitimate children have a right to half the share of legitimate children.
• Disinheritance is possible only for legal causes and must be done through a valid will.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.