Combination Testate Legitime Testate Free Intestate

Portion Share
Legitimate Child ½ ½ ALL
Legitimate Children ½ to be divided ½ ALL to be
equally divided
equally
Adopted/Legitimated ½ ½ ALL
Child
Adopted/Legitimated ½ to be divided ½ ALL to be
children equally divided
equally
Legitimate Children and LC-½ to be divided ½ minus share CL how
Surviving spouse equally of SS many + SS =
SS- same share as TOTAL to be
1 LC taken from divided in
free portion equal share
One Legitimate child and LC- ½ ¼ ½ LC = ½
surviving spouse SS- ¼ SS
Legitmate children and LC- ½ to be divided What is left 2:1 aporation
Illegitimate children equally; Free P. all estate
IC- 2:1
Legitimate Parents and LP-½ divided ¼
surviving spouse equally
SS- ¼
Surviving spouse and SS-⅓ ⅓ ½ SS
illegitimate children IC-⅓ ½ IC
Legitimate Child- LC-½ NFP LC & SS 2:1
Surviving spouse - SS-¼ from free - IC
Illegitimate Child portion
IC-¼ from free
portion
Legitimate children - LC-½ to be divided If there is still Divide all/
Illegitimate children- equally; left FP; If LC & SS 2:1
Surviving spouse SS-same share FP; insufficient - IC
IC-½ share OF LC what is left
share EQ
Legitimate Parents alone ½ ½
Legitimate Parents and LP-½; ¼
Illegitimate Children IC-¼
Legitimate Parents- LP-½; ⅛ ½ LP; ¼ SS;
illegitimate children and IC-¼; ¼ IC divided
surviving spouse - Art SS-⅛ share
899
Surviving spouse alone ½ ½
Illegitimate Children ½ ½ ALL divided
Alone equally
Surviving spouse and SS-¼ ½
illegitimate parents IP-¼
Illegitimate Parents ½ ½
Alone
Spouse married in ⅓ ⅔
articulo mortis died at
once (Art 900)
Died after three months ½ ½
from celebration of the
marriage
Died at once, but prior ½ ½
was living together as
husband and wife for
more than 5 yrs

Intestate:
Surviving spouse ALL
Surviving spouse with SS = #LC =
legitimate children Total divided
equally
whole estate
Surviving spouse with ½ SS; ½
illegitimate children (Art equally
996) divided IC
Surviving spouse with LP-½; SS-¼;
illegitimate children (Art IC-¼ divided
1000) and legitimate equally
parents
Surviving spouse with SS-½; IP or
legitimate parents or LP-½
illegitimate parents
(993/997)
Surviving spouse with SS-½; LB/S-
legitimate brothers and ½
sisters (Art 1001)
Surviving spouse with SS-½; IB/S-
illegitimate brother and ½
sisters (992)

Legitimate parents All divided

equally
Illegitimate parents All divided
equally
Other legitimate Alone > all
ascendants divided by
lines (Art
993)
Legitimate parents with LP-½; IC-½
illegitimate children
Legitimate parents and LP-½; SS-½
surviving spouse
Legitimate parents with LP-½; SS-¼;
surviving spouse and IC-¼ ( Art
illegitimate children 1000)
Brother and sister full All equal
blood share
Nephew and nieces All equal per
capita =, if
not per
stirpes
Brothers and sisters full 2:1 Divide
blood and brothers and the estate
sister half blood
Brothers and sisters half whole estate
blood - father;s side and divide by
brother and sisters half equal share
blood - mother's side (Art
1008 > Nephew/Niece
Half B-per strips)
Nephew and nieces with Nep/Nieces
other uncles and aunts get whole
collateral line other than estate.
brother and sisters of the Exclude
decendent uncles/aunts
(Art 1009)
Brothers and sisters and B/S = get all
uncles and aunts and exclude
other collateral relatives others
(no nephews and nieces) uncle/aunts
etc. (Art
1009) All
w/o distinct
of lines
Other collateral relatives Same as
up to the 5th degree in above (Art.
the absence of brother 1009)
and sisters and their
children
State alone none