INTESTATE SUCCESSION WHEN THE ONLY COMPULSORY HEIR IS THE SURVIVING SPOUSE (Philippine Civil Code, Title VI, Book III)
1. What “intestate succession” means
- Intestate succession (also called legal succession) happens when a Filipino decedent leaves no valid will, or leaves a will that does not dispose of the whole estate. In that case, the shares of the heirs are fixed by law, not by the decedent’s wishes (Civil Code, Art. 960–961).
- The governing rules are Articles 960-1014 of the Civil Code of the Philippines (still in force—the Family Code did not amend the law of succession).
2. Order of intestate heirs — showing where the spouse stands
Article 960 enumerates seven classes of intestate heirs, ranked by priority:
- Legitimate children and their legitimate descendants
- Legitimate parents and other legitimate ascendants
- Illegitimate children and their descendants
- Surviving spouse
- Brothers and sisters, nephews and nieces (collateral relatives up to the 5th degree)
- Other collateral relatives within the 5th degree
- The State (escheat)
A lower class inherits only if all members of every higher class are absent or disqualified (Art. 962). Thus, the surviving spouse succeeds alone only when classes 1-3 are entirely absent.
3. Key Civil Code provisions focused on the spouse
| Situation (no legitimate children) | Governing article | Share of the surviving spouse | Share of the co-heir(s) |
|---|---|---|---|
| Spouse + legitimate parents / ascendants | Art. 997 | ½ of the estate (in equal parts with each parent/ascendant) | The legitimate parent(s)/ascendant(s) take the other ½, divided equally among themselves. |
| Spouse + illegitimate children | Art. 998 | ½ of the estate | All the illegitimate child/children equally share the other ½ (subject to Art. 895 on legitimes). |
| Spouse + brothers/sisters, nephews/nieces (no children, parents, or illegitimate children) | Art. 1000 & 996 | ½ of the estate, divided pro rata with each blood relative in the nearest degree (ususally brothers and sisters). | Collaterals share the other ½ by the right of representation. |
| Spouse alone (no descendants, no ascendants, no collaterals within 5th degree) | Art. 1001 | 100 % of the estate | — |
Remember: “No children” in succession law means both legitimate and illegitimate descendants are absent. If the decedent has any child, legitimate or not, the rules above for “spouse + children” apply instead (Arts. 994, 996).
4. How the spouse’s share is computed in practice
Liquidate the marital property regime first.
- Conjugal Partnership of Gains (CPG) or Absolute Community of Property (ACP) must be dissolved and liquidated (Family Code, Arts. 99-105 & 129-136).
- Only the net exclusive property of the deceased plus his/her share of the community or conjugal property forms the “estate” for succession purposes.
Deduct estate obligations. Taxes, debts, charges, funeral expenses, etc. are paid before distribution to heirs (Civil Code, Art. 1078).
Apply the shares prescribed in the table above. Example—estate of ₱10 million, decedent left his wife and his father only:
Step 1: Net estate ₱10 M (after liquidation and debts).
Step 2: Under Art. 997, wife and father inherit ½ each:
- Wife: ₱5 M
- Father: ₱5 M
Extrajudicial settlement or judicial intestate proceeding may then transfer title:
- Extrajudicial settlement (Rule 74, Rules of Court) requires (a) no debts or debts fully paid, (b) all heirs are of age or duly represented, and (c) a public extrajudicial settlement deed registered with the Registry of Deeds and published once a week for 3 consecutive weeks in a newspaper of general circulation.
- Otherwise, a special proceeding for intestate settlement must be filed in court (Rule 73-90, Rules of Court).
5. Special points practitioners must check
| Issue | Practical notes |
|---|---|
| Validity of the marriage | Only a spouse in a valid, subsisting marriage is an intestate heir. A bigamous, void or annulled marriage strips the putative spouse of hereditary rights (Civil Code, Art. 739; Family Code, Arts. 36-45, 50-52). However, a putative spouse in a void marriage who acted in good faith has rights under Art. 147 (co-ownership, not succession). |
| Separation in fact or in law | Legal separation does not affect succession rights (Family Code, Art. 63[4]). Only a valid divorce obtained abroad by an alien spouse, if judicially recognized here, can defeat the Filipino spouse’s share. |
| Advancements/Donations inter vivos | Donations made by the decedent during the marriage may reduce the net estate. Collate them under Arts. 1061-1077 if legally required. |
| Survivorship benefits vs. inheritance | SSS, GSIS, Pag-IBIG, insurance proceeds and pensions do not pass through succession; they are governed by their own statutes/beneficiary designations. |
| Estate tax | As of TRAIN Law (RA 10963), the estate-tax rate is 6 % of the net taxable estate; the first ₱5 million is exempt, plus a standard deduction of ₱5 million. The surviving spouse signs the estate-tax return both as executor/heir. |
| Foreign property | Philippine rules govern the successional capacity of the spouse (lex nationalii). Distribution of immovables abroad may follow the law of the place where the property is situated (Civil Code, Art. 16). |
6. Collation between spouse and ascendants/illegitimate heirs
- Collation (Art. 1061) obliges compulsory heirs to bring back to the mass of the estate certain donations they received during the decedent’s lifetime if they impair legitimes.
- The surviving spouse must collate donations propter nuptias and other gifts that exceed the donor’s free portion.
- Ascendants and illegitimate children must do the same with excessive donations.
7. When the spouse is the administratrix or executor
- Courts strongly favor appointing the surviving spouse as special or regular administratrix of an intestate estate unless she is unwilling, incompetent or adverse to the other heirs (Rule 78, §6).
- She owes fiduciary duties: inventory, management, and periodic accounting.
8. Prescription, repudiation and advances
| Concept | Rule | Prescriptive period |
|---|---|---|
| Right to accept or repudiate | Heir may repudiate by public instrument or petition in intestate case (Art. 1041) | 30 years (ordinary prescription for real actions) |
| Advance legitime (Art. 84, Family Code) | Property inherited during marriage is exclusive; but advance legitime to common child is irrelevant when there is no child. | — |
| Action to compel partition | Spouse-co-owner may bring action if co-heirs refuse to partition. | Generally imprescriptible while co-ownership subsists, but courts apply laches if unreasonably delayed. |
9. Frequently encountered edge cases
- Spouse + illegitimate parents of decedent: illegitimate ascendants do not inherit intestate (Art. 992), so the spouse takes the whole estate if no other heirs.
- Same-sex spouses: Philippine law still does not recognize same-sex marriage, so the partner is not an intestate heir.
- Common-law partner: also not an intestate heir; their rights are limited to the co-ownership under Art. 147.
- Posthumous child discovered later: If a child (legitimate or illegitimate) is proved after distribution, the partition can be rescinded (Art. 1104) and shares recomputed.
- Simultaneous death (commorientes): If it cannot be proved who died first, it is as if both died at the same time, so neither inherits from the other (Art. 43). The estates are settled separately, which may divest the spouse’s estate of property that belonged to the other spouse.
10. Checklist for practitioners handling a “spouse-only” intestate estate
- Verify the marriage and spouses’ identities (PSA marriage certificate, CENOMAR).
- Secure death certificate and determine domicile for venue (Rule 73, §1).
- Inventory assets and liquidate the property regime.
- Publish notice to heirs and creditors; settle debts and taxes.
- Confirm absence of children and ascendants (judicial declarations, PSA documents).
- Decide between extrajudicial settlement vs. full-blown intestate proceeding.
- Prepare deed of settlement and adjudication, or draft petition and bonds.
- Register titles, shares and tax clearances with appropriate registries.
11. Takeaways
- In Philippine intestate succession, the surviving spouse’s share depends entirely on what other heirs still exist.
- No descendants and no ascendants? The spouse inherits everything.
- Keep a wary eye on legitimacy, property regime liquidation, and estate-tax deadlines—they are the usual pitfalls.
- Because the spouse is a compulsory heir (Art. 887), any donation or will that defeats at least the spouse’s legitime (½ of the estate when concurring with ascendants; otherwise the entire estate) can be reduced by action among heirs or creditors.
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a Philippine lawyer or estate-planning professional for guidance on a specific situation.