LEGITIMES IN INTESTATE SUCCESSION INTESTATE SUCCESSION IN THE DIRECT DESCENDING LINE SURVIVED BY LEGITIMATE CHILDREN AND DESCENDANTS if survived with: IC IC; 1/2 of the share of each of LC INTESTATE SUCCESSION IN THE ASCENDING DIRECT LINE SURVIVED BY LEGITIMATE PARENTS AND ASCENDANTS SURVIVED BY I L L E G I T I M AT E CHILDREN, AND THEIR L E G I T I M AT E A N D L E G I T I M AT E DESCENDANTS SP/A: 1/2 of the estate SURVIVED BY SPOUSE SURVIVED BY C O L L AT E R A L RELATIVES - not extend beyond the 5th line SS: 1/2 of the estate In default of persons entitled to succeed in accordance with the law of i n t e s t a t e succession. IC: 1/2 IC: 1/2 IN CASE OF PARTIAL INTESTACY - to fulfill the share of the legatees and devisees, it shall be taken from the share of the IC if survived with: SS SS: same share of as that of LC. - if only one LC, the other half shall go to him/her. THROUGH escheat proceedings SP/A: 1/2 of the estate SS: 1/2 SS: 1/2 IC: 1/2 SP/A: 1/2 of the estate SS: same share of as that of LC SS: 1/2 SP/A: 1/2 of the estate SP/A: 1/2 of the estate SS: 1/4 IC: 1/2 of the share of each of LC SS: 1/4 IC: 1/4 IC: 1/4 NOTE: legitime of the LC shall be preferred. - share of the LC and SS is preferred over the share of the IC Hence; in order to satisfy the share of the SS, it shall be taken from the share of the IC. IN CASE OF PARTIAL INTESTACY - to fulfill the share of the legatees and devisees, it shall be taken from the share of the SS SS: 1/2 BS: 1/2 IN CASE OF PARTIAL INTESTACY - to fulfill the share of the legatees and devisees, it shall be taken from the share of the SS if survived with: IC and SS THE STATE ORDER OF DISTRIBUTION OF PROPERTIES 1. pay the debts and charges 2. the personal property shall be assigned to the municipality or city where the deceased last resided in the philippines 3. the real estate, on the other hand, shall be assigned to the municipality or city in which the same is situated 4. if the deceased never resided in the Phil, the whole estate shall be assigned to the r e s p e c t i v e municipalities or cities, where the same is situated PRESCRIPTION PERIOD TO FILE CLAIM ON THE ESTATE within 5 years - from the date the property was delivered to the state. LEGITIMES IN TESTAMENTARY SUCCESSION WHEN SURVIVED ALONE COMPULSORY HEIR/s OF THE SAME KIND SURVIVE ALONE without concurrence EXE: IF SURVIVED ONLY BY SS SS entitled only to 1/3 of the hereditary estate 1. when the marriage was solemnized in ariculo mortis; and 2. the deceased died within 3 months from the time of marriage - 1/2 of the hereditary estate EXE TO THE EXE - parties have been living as husband and wife for MORE THAN 5 YEARS prior to the marriage - entitled to 1/2 of hereditary estate. WHEN PRIMARY CONCURS WITH CONCURRING COMPULSORY HEIRS 1 LC and SS LC: 1/2 SS: 1/4 SEVERAL LC and SS 1 LC and IC SEVERAL LC and IC 1 LC and SS:IC SEVERAL LC and SS:IC LC: 1/2 SS: share equal to that of each child LC: 1/2 IC: 1/2 of the share of the LC LC: 1/2 IC: 1/2 of the share of each LC LC: 1/2 SS: 1/4 IC: 1/2 of the share of each LC LC: 1/2 SS: 1/4 IC: 1/2 of the share of each LC NOTE: share of the SS has preference over the share of the IC. - so to satisfy the share of SS, it may be deducted from the share of the IC, pro rata. NOTE: share of the SS has preference over the share of the IC. - so to satisfy the share of SS, it may be deducted from the share of the IC, pro rata. NOTE: if the free portion is not sufficient, the IC shall divide the free portion equally among themselves WHEN SECONDARY CONCURS WITH CONCURRING COMPULSORY HEIRS LP and SS LP: 1/2 SS: 1/4 LP and IC LP: 1/2 IC: 1/4 LP and SS;IC IP and CHILDREN LP: 1/2 IC: 1/4 SS: 1/8 IF LC - IP is excluded NOTE: share of the SS has preference over the share of the IC. - so to satisfy the share of SS, it may be deducted from the share of the IC, pro rata. IP and SS IP: 1/4 SS: 1/4 IF IC -? o excluded talaga? CONCURRENCE WITH CONCURRING COMPULSORY HEIRS SS and IC: SS; 1/3 IC; 1/3 FREE PORTION; 1/3 LEGITIMES IN INTESTATE SUCCESSION INTESTATE SUCCESSION IN THE DIRECT DESCENDING LINE SURVIVED BY LEGITIMATE CHILDREN AND DESCENDANTS INTESTATE SUCCESSION IN THE ASCENDING DIRECT LINE SURVIVED BY LEGITIMATE PARENTS AND ASCENDANTS SURVIVED BY I L L E G I T I M AT E CHILDREN, AND THEIR L E G I T I M AT E A N D L E G I T I M AT E DESCENDANTS SURVIVED BY SPOUSE SURVIVED BY C O L L AT E R A L RELATIVES - not extend beyond the 5th line THE STATE if survived with: brothers or sisters, nephews and nieces of the deceased SS: 1/2 NOTES BSNN: 1/2 RULE OF PROXIMITY - an absolute rule NOTE - this rule applies even if the marriage is in articulo mortis (dies within 3mis afetr the celebration of marriage) IN CASE OF L E G A L SEPARATION - the offending spouse is d i s q u a l i fi e d t o inherit from the innocent spouse IF SURVIVED WITH NEPHEWS AND NIECES BS: inherit in their own right. per capita. NN: inherit by right of representation. per stirpes IF SURVIVED WITH HALF BLOOD B/S - the share of the full blood is double that of the half blood - if half blood lahat, equal shares IF NEPHEWS AND NEICES LANG; - between half blood and full blood NN; full blood's share is double to that of the half blood. O T H E R C O L L AT E R A L RELATIVES - aunt and uncles, other relatives within the 5th degree, shall only inherit in the absence of BSNN - rule of proximity - if within same degree in maternal and paternal line, each shall inherit in same amount.
