COMPARATIVE TABLE OF LEGITIMES AND INTESTATE SHARES

Surviving heir

Legitime

Intestate
share

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

children)

All

Remainder is free portion (Art. 901,

NCC)

Legitimate parents alone

1/2; remaining half is free portion (Arts.

889 and 890, NCC)

All

Illegitimate parents alone

1/2

All

Surviving spouse alone

1/2, 1/3, 1/2 (Art. 900, NCC)

All

Legitimate children (or their

descendants) alone

1/2 (divided by the number of children)

All

Remaining half is free portion (Art. 888,

NCC)
One legitimate child (or descendant)

1/2

1/2

1/4

1/2

Surviving spouse

Remaining 1/4 is free portion (Art. 892,

NCC)
Two or more legitimate children (or
their descendants)

1/2 (divided by the number of children)

Consider spouse as
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

Illegitimate child

1/2 of each legitimate child (Art. 176,

Family Code)
Remainder is free portion (Art. 892,
NCC)

Surviving spouse

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

900, NCC)

Please read Article

176 of the Family
Code: computing
the legitimes of
legitimate and
illegitimate children;
an illegitimate child
gets one-half)
1/2

Brothers and sisters (nephews and

nieces, in case of deceased siblings)

Not entitled to anything since they are

not compulsory heirs; testator may
choose to give them something out of
the free portion

1/2 (divided by the

number of brothers
and sisters;
nephews and
nieces of deceased
siblings divide
among themselves
the share that
should have to their
parents)
Art. 1001, NCC