COMPARATIVE TABLE OF LEGITIMES AND INTESTATE SHARES

Intestate
Surviving heir share
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 children alone 1/2 (divided by number of illegitimate All

children)

Remainder is free portion (Art. 901,

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

Illegitimate parents alone 1/2 All

Surviving spouse alone 1/2, 1/3, 1/2 (Art. 900, NCC) All

Legitimate children (or their 1/2 (divided by the number of children) All
descendants) alone
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 1/2 (divided by the number of children) Consider spouse as
their descendants) 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 Please read Article

176 of the Family
Illegitimate child 1/2 of each legitimate child (Art. 176, Code: computing
Family Code) the legitimes of
legitimate and
Remainder is free portion (Art. 892, illegitimate children;
NCC) an illegitimate child
gets one-half)

Surviving spouse 1/2 (remaining half is free portion; Art. 1/2

900, NCC)
Brothers and sisters (nephews and Not entitled to anything since they are 1/2 (divided by the
nieces, in case of deceased siblings) not compulsory heirs; testator may number of brothers
choose to give them something out of and sisters;
the free portion nephews and
nieces of deceased
siblings divide
among themselves
the share that
should have to their
parents)

Art. 1001, NCC