Table of Intestate Shares Legitimate Decedent

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Table of Intestate Shares

LEGITIMATE DECEDENT
1 – 3 (a) Combination (1 LC + SS) 2 – 3 Combination (LA + SS)
 1 LC= ½ of the Estate  LA = ½ of the Estate
 SS= ½ of the Estate  SS = ½ of the Estate

1 – 3 (b) Combination (2/more LC + SS) 2 – 4 Combination (LA + ILC)


 2/ more LC + Surviving Spouse = Consider  LA = ½ of the Estate
Spouse as 1 Legitimate Child and divide  SS = ½ of the Estate
estate by total Number

1 – 4 Combination (LC + ILC) (Trial and Error 2 – 3 – 4 Combination (LA + SS + ILC)


Combination  LA = ½ of the Estate
GR: 2:1 Ratio  SS = ¼ of the Estate
 2 Shares for 1 LC  ILC = ¼ of the Estate
 1 Share for 1 ILC
XPN: Legitime of the LC is impaired 3 – 4 Combination (SS + ILC)
Follow Legitime Formula Testatamentary  SS = ½ of the Estate
Succession  ILC = ½ of the Estate
 LC = ½ of the Estate
 IC = ½ of each Legitimate Child
Compute the 2:1 Share and also the Compute the 3 – 5 Combination (SS + BSNN)
distribution in Testamentary Succession and  SS = ½
determine if which one of the 2 will give more  BSNN = ½
share to the Legitimate Children
1 – 3 – 4 (a) Combination (I LC + SS + ILC) Order of Intestate Sucession (Legitimate)
 1 LC = ½ of the Estate 1. Legitimate Children and their Legitime
 SS = ¼ of the Estate Descendants
 ILC = ¼ of the Estate 2. Legitimate Parents and Legitimate
1 – 3 – 4 (b) Combination (2/more LC + SS + ILC) Ascendants
G.R. 2:2:1 Ratio 3. Illegitimate Children and their
 LC = 2 Shares for each LC Descendants Whether Legitimate or
 SS = 2 Shares for SS Illegitimate
 ILC= 1 Share for each 4. Surviving Spouse, without prejudice to
XPN: Legitime of the LC is impaired the rights of Brothers and Sisters,
Legitime Formula in Testamentary Succession Nephew and Nieces
 LC = ½ of the Estate 5. *Collateral Relatives up to the 5th Civil
 SS = Share of 1 LC Degree
 IC = ½ of 1 LC or what is left on the estate 6. **The State
Compare between the two Formula in which will * Inherit in the absence of 1-4
give more share to the Legitimate Children **Inherit in the absence of 1-5
Note: The Combination and Order are not the
Same
Table of Intestate Share
ILLEGITIMATE DECEDENT
1 – 3 (a) Combination (1 LC + SS) 1 – 3 – 4 (a) Combination (I LC + SS + ILC)
 1 LC= ½ of the Estate  1 LC = ½ of the Estate
 SS= ½ of the Estate  SS = ¼ of the Estate
 ILC = ¼ of the Estate
1 – 3 (b) Combination (2/more LC + SS) 1 – 3 – 4 (b) Combination (2/more LC + SS + ILC)
 2/ more LC + Surviving Spouse = Consider G.R. 2:2:1 Ratio
Spouse as 1 Legitimate Child and divide  LC = 2 Shares for each LC
estate by total Number  SS = 2 Shares for SS
 ILC= 1 Share for each
XPN: Legitime of the LC is impaired
Legitime Formula in Testamentary Succession
 LC = ½ of the Estate
 SS = Share of 1 LC
 IC = ½ of 1 LC or what is left on the estate
Compare between the two Formula in which will
give more share to the Legitimate Children
1 – 4 Combination (LC + ILC) (Trial and Error 2 – 3 Combination (ILP + SS)
Combination  ILP = ½ of the Estate
GR: 2:1 Ratio  SS = ½ of the Estate
 2 Shares for 1 LC
 1 Share for 1 ILC
XPN: Legitime of the LC is impaired 3 – 4 Combination (SS + ILC)
Follow Legitime Formula Testatamentary  SS = ½ of the Estate
Succession  ILC = ½ of the Estate
 LC = ½ of the Estate
 IC = ½ of each Legitimate Child 3 – 5 Combination (SS + BSNN)
Compute the 2:1 Share and also the Compute the  SS = ½
distribution in Testamentary Succession and  BSNN = ½
determine if which one of the 2 will give more * Provided that the BS are Illegitimate and the
share to the Legitimate Children NN are children of Illegitimate BS
ORDER OF INTESTATE SUCCESSION (ILLEGITIMATE)
1. Legitimate Children and Their Legitimate Descendants
2. Illegitimate Children and descendants whether Legitimate or Illegitimate
3. Illegitimate Parents only
4. Surviving Spouse, without prejudice to the Illegitimate Brothers and Sisters; Nephew
and Nieces
5. *The State
* Inherit in the absence of 1-4
Note: The Combination and the Order are not the Same

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