Intestate succession occurs when a person dies without leaving a valid will. Philippine law provides a specific order of inheritance under the Civil Code. This guide explains who inherits, in what proportion, and how the estate is distributed among the heirs.
Who Are the Intestate Heirs?
Under the Civil Code, intestate heirs inherit in the following order:
- Legitimate children and descendants — they inherit the entire estate, divided equally. The surviving spouse shares with them.
- Legitimate parents and ascendants — if there are no children, the parents inherit. The surviving spouse still shares.
- Illegitimate children — inherit one-half of what a legitimate child would receive.
- Surviving spouse — shares with legitimate children (equal share), or with parents, or with illegitimate children.
- Collateral relatives — siblings, nephews, nieces inherit if no descendants, ascendants, or surviving spouse.
- The State — if no heirs exist, the estate goes to the government.
Distribution Shares
| Heirs | Share |
|---|---|
| Legitimate children only | 100% divided equally |
| Legitimate children + spouse | Children: 50%, Spouse: 50% |
| Spouse only (no children, no parents) | 100% |
| Parents only (no children, no spouse) | 100% |
| Illegitimate children + legitimate children | Illegitimate: half of legitimate share |
Process for Intestate Succession
If there is no will, the heirs must:
- Determine the heirs and their shares under the law
- Execute an extrajudicial settlement (if all agree) or go to court
- Pay estate tax within 6 months of death
- Register properties with the Registry of Deeds
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Disclaimer: This article is for general information only and is not legal advice. Consult a qualified lawyer for your specific situation.