I. Overview: What “Intestate Succession” Means

Intestate succession is the system of inheritance that applies when a person dies without a valid will. In that situation, the law—not the decedent—determines (1) who the heirs are, (2) how much each receives, and (3) who is excluded or limited.

In the Philippines, intestate succession is primarily governed by the Civil Code provisions on Succession (particularly the rules on heirs, legitimes, and distribution), together with related rules on property regimes of spouses, family relations, and settlement of estate procedures.

The key principles to keep in mind are:

The estate is transferred by operation of law to heirs at the moment of death, subject to estate settlement and payment of obligations.
Compulsory heirs are protected by legitimes—portions of the estate reserved by law that cannot be taken away even by a will (and in intestacy, these rules strongly shape distribution).
Order of intestate succession prioritizes descendants, then ascendants, then collateral relatives, with the surviving spouse having strong rights alongside them.
Certain relatives may inherit by representation (stepping into the place of a predeceased heir), and others may inherit per stirpes (by branch) rather than per capita (by head).

II. What Property Is Included: The “Estate” in Philippine Context

A. Estate vs. Marital Property

When a married person dies, you do not automatically divide everything as “inheritance.” First, determine what belongs to the decedent as part of the estate.

If spouses are under Absolute Community of Property (ACP) (common for marriages without a prenuptial agreement), generally:
- Identify community property.
- Divide: ½ belongs to the surviving spouse (not inheritance), and ½ belongs to the decedent’s estate for distribution to heirs.
If under Conjugal Partnership of Gains (CPG) (common for certain earlier marriages or if chosen), generally:
- Determine conjugal property (gains).
- After liquidation, the surviving spouse gets his/her share, and the decedent’s share forms part of the estate.
If under separation of property, only the decedent’s own property is in the estate.

This step matters because heirs inherit only from what belongs to the decedent, not from the spouse’s own share.

B. What Must Be Paid First

Before distribution, the estate must satisfy:

Funeral expenses (within legal limits and reasonableness),
Debts and obligations of the decedent,
Taxes and charges (including estate tax liabilities as applicable),
Administration expenses (if judicial or if necessary in extra-judicial settlement).

Only the net estate is distributed to heirs.

III. Who Are the Heirs in Intestacy?

Philippine law recognizes various classes of heirs. The most important for intestacy are:

A. Legitimate Children and Legitimate Descendants

Legitimate children are primary heirs.
Legitimate descendants (e.g., grandchildren) may inherit by representation if their parent (a child of the decedent) predeceased the decedent or is disqualified.

B. Illegitimate Children

Illegitimate children are also compulsory heirs, but their shares are subject to statutory limitations relative to legitimate children.
Proof of filiation is essential; absent recognition or proof, an alleged child may have to establish status in appropriate proceedings.

C. Surviving Spouse

The surviving spouse is a compulsory heir in most standard family configurations and inherits alongside children or ascendants, depending on who survives.

D. Legitimate Parents and Legitimate Ascendants

Parents and other legitimate ascendants inherit when the decedent leaves no legitimate descendants.

E. Other Relatives (Collateral Heirs)

If there are no descendants, ascendants, or surviving spouse (depending on the configuration), inheritance may go to:

Brothers and sisters, and their children (nephews/nieces) via representation;
Other relatives within the legal degree of proximity (in general, up to the fifth degree under the Civil Code framework).

F. The State

If the decedent leaves no heirs qualified to inherit, the estate may escheat to the State under escheat proceedings, subject to legal requirements.

IV. Fundamental Rules That Control Intestate Distribution

A. Proximity of Relationship

The nearer relatives exclude the more remote, except where representation applies.

B. Representation

Representation allows a descendant of a would-be heir to inherit in that heir’s place.

Common situations:

Grandchildren represent their predeceased parent (a child of the decedent) in succession from the grandparent.
Nephews/nieces represent their deceased parent (a sibling of the decedent) in succession from the decedent (their uncle/aunt).

Representation generally operates in the direct descending line and, in the collateral line, typically with children of siblings.

C. Per Stirpes vs. Per Capita

Per stirpes: distribution is by branch (e.g., grandchildren share what their parent would have received).
Per capita: distribution is by head (each heir gets an equal share in his/her own right).

Representation typically results in per stirpes distribution.

D. Right of Accretion

When an heir’s share fails (e.g., repudiation) and there is no representation or substitution (in intestacy there is no substitution by will), the share may accrue to co-heirs according to legal rules.

E. Disqualification and Unworthiness

Certain acts may render a person incapable or unworthy to inherit. If disqualified, their potential share is treated as if they did not inherit; representation may apply in some cases depending on the situation and statutory rule.

V. The Core Intestate Scenarios: Who Inherits and How Much

Because actual shares depend on which heirs survive, the most practical approach is scenario-based. Below are the commonly encountered configurations.

Important note on methodology: The Philippine system blends “order of heirs” with the “legitime structure” for compulsory heirs. In intestacy, distribution tends to follow fixed statutory allocations among the surviving spouse, legitimate children, illegitimate children, and/or ascendants.

Scenario 1: Decedent Leaves Legitimate Children (or Legitimate Descendants) and a Surviving Spouse

Heirs: Legitimate children (and/or descendants by representation) and surviving spouse.

General distribution concept:

Legitimate children inherit the bulk of the estate, divided among themselves.
The surviving spouse inherits a share in concurrence with legitimate children.
If there are also illegitimate children, their shares are recognized but limited relative to legitimate children.

Example pattern (illustrative structure):

If there are N legitimate children and a spouse, the estate is divided with the spouse taking a portion comparable to a legitimate child’s share in common formulations, and the remainder among legitimate children, subject to the recognition of illegitimate children’s statutory portion.

Scenario 2: Decedent Leaves Legitimate Children but No Surviving Spouse

Heirs: Legitimate children (or descendants by representation).

Distribution: Equal among legitimate children per capita, with descendants inheriting per stirpes where representation occurs.

Scenario 3: Decedent Leaves Illegitimate Children Only (No Legitimate Children) and a Surviving Spouse

Heirs: Illegitimate children and surviving spouse.

Distribution: Both inherit in concurrence; illegitimate children share among themselves, and the spouse receives the statutory share allotted in this concurrence.

Scenario 4: Decedent Leaves No Children/Descendants, but Leaves Legitimate Parents (or Ascendants) and a Surviving Spouse

Heirs: Surviving spouse and legitimate parents/ascendants.

Distribution concept:

Ascendants inherit because there are no descendants.
Spouse inherits in concurrence with ascendants.

Scenario 5: Decedent Leaves Legitimate Parents/Ascendants Only (No Spouse, No Descendants)

Heirs: Legitimate parents; if parents are not alive, other legitimate ascendants.

Distribution: Ascendants inherit, typically prioritizing parents over more remote ascendants; division may depend on paternal/maternal lines in certain cases.

Scenario 6: Decedent Leaves a Surviving Spouse Only (No Descendants, No Ascendants)

Heir: Surviving spouse alone.

Distribution: Spouse inherits the entire net estate.

Scenario 7: Decedent Leaves No Spouse, No Descendants, No Ascendants — But Has Brothers/Sisters (or Nephews/Nieces by Representation)

Heirs: Brothers and sisters; and where a sibling is deceased, nephews/nieces may represent.

Distribution:

Full siblings and half-siblings may have different fractional entitlements under the statutory scheme, with full-blood siblings commonly receiving more than half-blood siblings.
If representation applies (children of a deceased sibling), those nephews/nieces split their parent’s share per stirpes.

Scenario 8: No Close Heirs — More Remote Collaterals

If no spouse, descendants, ascendants, or siblings/nephews/nieces exist, inheritance may go to other relatives within the legally recognized degree, following proximity rules.

Scenario 9: No Heirs — Escheat to the State

If no qualified heirs exist, the estate may be declared escheated to the State through proper proceedings.

VI. The Special Position of Illegitimate Children

Illegitimate children are recognized as heirs, but Philippine law historically imposes a reduced share compared to legitimate children, and the precise computation depends on the presence of legitimate children and/or the spouse.

Key points:

Status matters: A person claiming as an illegitimate child must establish filiation (e.g., through recognition, evidence, or judicial action).
They inherit from their parents and certain lines but are restricted in inheritance rights in the legitimate family line in ways that affect succession planning and intestate outcomes.
In mixed families (legitimate and illegitimate children), distribution requires careful computation because the law sets proportions rather than simple “equal shares.”

VII. The Rights of the Surviving Spouse

The surviving spouse’s rights are shaped by two layers:

Property regime rights (ACP/CPG/separation): the spouse first receives his/her own share from the marital property liquidation.
Inheritance rights: the spouse then inherits from the decedent’s net estate together with children or ascendants, or alone if no other heirs exist.

Additional practical considerations:

The spouse’s share is distinct from rights to family home protections and usufruct-like situations that can arise depending on facts and applicable rules.
Questions about void/voidable marriages, bigamy issues, cohabitation relationships, and good faith may affect whether someone qualifies as “surviving spouse” in inheritance.

VIII. Legitimation, Adoption, and Step-Relationships

A. Adopted Children

Legally adopted children generally stand in the position of legitimate children for inheritance from the adoptive parents, subject to the governing adoption law and jurisprudential rules. They typically inherit as children of the adopter.

B. Stepchildren

Stepchildren do not inherit by intestacy from stepparents solely by affinity (unless adopted). A stepparent-stepchild relationship by marriage alone does not create intestate heirship.

C. Children of Different Unions

Children from different relationships (first marriage, subsequent valid marriage, etc.) can all be heirs if filiation is established; distribution depends on legitimacy status and concurrence rules.

IX. Representation, Renunciation, and Settlement Consequences

A. Renunciation (Repudiation) of Inheritance

An heir may repudiate inheritance. Effects:

The repudiating heir is treated as not having inherited.
Whether descendants can step in depends on representation rules and the specific situation.
Renunciation may be strategic to avoid debts or complications, but it has legal and tax implications and must comply with formal requirements.

B. Partition and Collation Concepts

In intestacy, disputes can arise about whether certain lifetime transfers are to be brought to account. Philippine succession doctrine includes mechanisms to equalize compulsory shares when relevant, depending on the nature of transfers and applicable rules.

X. Common Complications in Philippine Intestacy

1. Title Issues and “Heirship” vs. Ownership

Heirs often assume that being an heir automatically means the property is fully transferable. In reality:

The estate may remain in co-ownership until partition.
Transfer or sale often requires settlement (extra-judicial or judicial), payment of taxes, and proper documentation.

2. Family Home and Occupancy Conflicts

Even when ownership shares are clear, possession and use can be contentious, especially where one heir occupies the family home.

3. Children Not Acknowledged During Lifetime

Claims of filiation can surface after death. These claims can delay settlement and require court determination.

4. Multiple Families / Multiple Marriages

If there are disputes about marriage validity or competing “spouses,” the determination of who is a legal spouse may become a threshold issue.

5. Properties in Different Names or Unregistered Holdings

Unregistered land, tax-declaration-only properties, or assets held under nominees complicate the identification of estate assets.

6. Deaths in Sequence

If multiple relatives die close in time, the sequence matters because rights vest at death. Determining who died first can affect which estate inherits what.

XI. How Intestate Estates Are Settled in Practice

A. Extra-Judicial Settlement

When:

The decedent left no will,
There are no outstanding debts (or they are settled),
The heirs are all of age (or properly represented),
The heirs are in agreement.

Typically done through a notarized Deed of Extra-Judicial Settlement (sometimes with sale), with publication requirements and subsequent transfer documentation.

B. Judicial Settlement

Required or advisable when:

Heirs disagree,
There are conflicts on heirship,
There are creditors or complex debts,
There are minors or incapacitated heirs without adequate representation,
The estate is complex or contested.

The court appoints an administrator/executor-type representative (depending on context), inventories assets, pays obligations, and orders distribution/partition.

XII. Illustrative Family Trees and Outcomes (Conceptual)

Example A: Married, with 3 legitimate children

Liquidate marital property (spouse gets own share first).
Distribute the decedent’s net estate among spouse and children under concurrence rules.

Example B: Single, no children, both parents alive

Parents inherit as primary heirs (ascendants), typically excluding siblings.

Example C: Widow/er with no children, parents deceased, has siblings

Siblings inherit; if a sibling predeceased leaving children, nephews/nieces may inherit by representation.

XIII. Key Takeaways

Intestate succession is law-driven: the decedent’s preferences do not control without a valid will.
Always separate marital property liquidation from inheritance distribution.
Children (legitimate and illegitimate) and the surviving spouse are central heirs in most cases.
Representation is crucial in real families—grandchildren and nephews/nieces may inherit by stepping into a predeceased heir’s place.
Settlement can be extra-judicial (fast, agreement-based) or judicial (for disputes/complex estates).
Practical outcomes often hinge on proof of filiation, marriage validity, and clean documentation of estate assets.