When a grandparent dies without a valid will, their property—often including land still titled in the grandparent’s name—passes to heirs by intestate succession under the Civil Code (as modified in part by later family laws and jurisprudence). The key questions are:

Who are the legal heirs (and in what order)?
How much does each heir get (especially because of “legitime” shares)?
How do heirs transfer title from the deceased grandparent to the heirs?
What happens when heirs have also died, are missing, or there are family complications?

Below is a practical, Philippines-specific legal guide focused on land titled under a deceased grandparent.

1) “Titled under the grandparent” does not mean the heirs automatically own it on paper

Upon death, ownership of the estate passes by operation of law to the heirs, but:

The Transfer Certificate of Title (TCT) (or Original Certificate of Title (OCT)) remains in the grandparent’s name until the estate is settled and the title is transferred.
Until settlement/partition, heirs typically hold the property in co-ownership (each has an undivided ideal share).

So the “who inherits” analysis determines who is entitled, but heirs still need estate settlement + title transfer to reflect it in the Registry of Deeds.

2) The order of intestate heirs for a deceased grandparent

Philippine intestacy follows a hierarchy. For land of a deceased grandparent, you identify the closest surviving relatives in the legally preferred order.

A. First in line: the grandparent’s children (your parent/aunts/uncles) and the surviving spouse (your grandparent’s spouse)

If the grandparent left:

Legitimate children (and/or legally recognized illegitimate children), and/or
A surviving spouse

…then they inherit, and grandchildren generally inherit only if their parent (the grandparent’s child) cannot inherit (more below on representation).

B. Grandchildren inherit mainly through representation

Grandchildren do not automatically inherit alongside the grandparent’s living children. Grandchildren usually inherit in place of their parent (the grandparent’s child) when that parent:

Predeceased the grandparent, or
Is incapacitated/disqualified from inheriting (rare, but possible), or
In some situations of renunciation (this is nuanced—representation is classically tied to predecease/incapacity/disinheritance; renunciation generally does not create representation in the same way).

This is the most common real-life situation: “My lolo/lola died; my parent died earlier; do I inherit?” Often the answer is yes, by representation, subject to share computations.

C. If no children (and no descendants), look “upward” and “sideways”

If the grandparent died leaving no children and no grandchildren/great-grandchildren (no descendants), the law looks to:

Ascendants (the grandparent’s parents, if still alive) and the surviving spouse, depending on who exists; then
Brothers/sisters of the grandparent (your grandparent’s siblings), and their descendants (nieces/nephews of the grandparent) in certain cases; then
Other collateral relatives within the limits recognized by law; and if none,
The State may inherit by escheat.

In typical family settings, though, the estate rarely reaches the escheat stage because some descendant or collateral relative exists.

3) The most common family scenarios (who inherits the titled land)

Scenario 1: Grandparent leaves a surviving spouse and children

Heirs: Surviving spouse + children.
Grandchildren: Usually do not inherit if their parent (the child of the grandparent) is alive.

General principle: Children inherit in their own right; spouse inherits concurrently.

Scenario 2: One child is already dead, leaving children (grandchildren of the decedent)

Heirs: Surviving spouse + the living children + the grandchildren by representation of the deceased child.
The grandchildren step into the deceased child’s “branch” and share what that child would have received.

Example (branching concept): If the grandparent had 3 children (A, B, C), but A died earlier leaving 2 kids (A1, A2), then:

The estate is divided into 3 “branches” (A-branch, B, C).
A1 and A2 split the A-branch share.

Scenario 3: No surviving spouse, but children exist

Heirs: Children (and grandchildren by representation for any deceased child).

Scenario 4: No children (and no grandchildren), but spouse exists and ascendants exist

Heirs: Surviving spouse and ascendants (subject to the Civil Code’s intestacy rules on concurrence and legitimes).

Scenario 5: No spouse, no descendants

Heirs: Ascendants first; if none, then collateral relatives (siblings, then more remote collaterals under applicable rules).

4) Legitimacy and family status can change shares

A. Legitimate vs. illegitimate children

Philippine succession rules historically distinguished legitimate and illegitimate filiation in determining shares (and the concept of legitime). In practice:

Legitimate children are primary compulsory heirs.
Illegitimate children can also be compulsory heirs, but their shares may be computed differently depending on the family configuration and applicable legal rules.

Important: Whether someone is an “illegitimate child” for succession is not just a label—it depends on legal proof of filiation (recognition, birth records, judicial acknowledgment, etc.). Title transfers often stall due to incomplete documentation.

B. The surviving spouse is a compulsory heir in many configurations

The surviving spouse is not “just another heir”—their share is protected by legitime rules in many cases. This affects how much of the titled land each line gets.

C. Adopted children

Legally adopted children generally succeed as legitimate children of the adopter for many purposes, affecting the heir list and the partition.

D. Second marriages and “yours/mine/ours” families

Common complications:

Children from a prior relationship
Property regimes (conjugal partnership vs. absolute community vs. separation of property)
Whether the land is exclusive property of the deceased or conjugal/community property

5) Before dividing: determine what portion is actually in the “estate”

A frequent mistake is assuming the whole titled land belongs to the deceased’s estate. The correct approach:

Step 1: Identify property regime and ownership character

Depending on the marriage date and applicable family property regime:

Part of the property might be conjugal/community, meaning the surviving spouse already owns a portion before inheritance.
Only the deceased spouse’s share goes into the estate.

Step 2: Identify if the land is:

Exclusive property of the grandparent (acquired before marriage, inherited, donated exclusively, etc.), or
Conjugal/community property (acquired for value during marriage, subject to exceptions)

This step changes everything. The heirs inherit only the portion that belonged to the deceased.

6) Representation explained (the “grandchildren question”)

Representation allows a descendant to inherit in place of an ascendant who would have inherited but cannot.

When it typically applies

Parent (the grandparent’s child) died earlier than the grandparent → grandchildren represent the parent.
Parent is incapacitated/disqualified → representation may apply.

How the share works

Representation is by branch:

The branch gets what the parent would have received.
The grandchildren in that branch divide that branch share equally (unless special rules apply).

What does NOT usually create representation (practical caution)

If a child of the decedent is alive but:

Simply doesn’t want the inheritance, or
Executes a waiver/renunciation

…the effect on whether that child’s children “step in” is legally sensitive and fact-dependent (and can differ depending on how the renunciation is structured and whether it is a true repudiation versus an assignment/sale of hereditary rights). In practice, lawyers often structure documents carefully to match the intended outcome.

7) Co-ownership until partition: what heirs can and cannot do with titled land

Before settlement/partition:

Each heir generally owns an ideal undivided share.
Any heir may transfer/sell only their hereditary rights (their undivided interest), but not a specific portion of land unless partitioned.
Major acts affecting the entire property (e.g., sale of the entire land, mortgage of the whole) usually require consent of all co-owners/heirs.

Practical result: A title stuck in a grandparent’s name often means:

The land becomes “family property” in limbo.
Transactions become difficult or risky.
Boundary/possession disputes become more likely.

8) How heirs transfer title in practice (extrajudicial vs. judicial settlement)

A. Extrajudicial Settlement (EJS)

Often used when:

The decedent left no will, and
There are no disputes, and
All heirs are known and can sign (or are properly represented)

Common forms:

Deed of Extrajudicial Settlement (with partition)
Deed of Extrajudicial Settlement with Sale (simultaneous settlement and sale to a buyer)
Affidavit of Self-Adjudication (only when there is a sole heir, which is relatively uncommon in real families)

Publication requirement: EJS typically requires publication in a newspaper of general circulation (as required by the Rules of Court), which is also one reason the process takes planning and cost.

B. Judicial Settlement

Needed or advisable when:

Heirs dispute heirship or shares
Some heirs are missing/unknown
There are issues with filiation/legitimacy that require adjudication
The estate has complicated debts/claims
The heirs cannot agree on partition

Judicial settlement can involve:

Appointment of an administrator/executor (even without a will, an administrator may be appointed)
Court-supervised determination of heirs and distribution

9) Estate tax and transfer steps (why titles get “stuck”)

Even if everyone agrees, transferring a land title from a deceased grandparent typically requires:

Proof of death (Death Certificate)
Proof of heirship and identities (birth certificates, marriage certificates, etc.)
Estate settlement document (EJS/Judicial order)
Payment of estate taxes and securing the BIR clearance documents used for transfer
Registry of Deeds processing (new title issuance)
Local assessor updates (tax declaration under the heirs/new owner)

Delays usually happen because:

Old deaths were never reported properly
Family documents are incomplete
Some heirs live abroad, are estranged, or are deceased themselves
Multiple generations died without settlement (“cascading estates”)

10) Multi-generation problem: when the grandparent died long ago and heirs also died

A very common Philippine scenario is:

Grandparent dies intestate.
The children (the “first-level heirs”) never settle the estate.
Years later, one or more children die too.

Result: You may need to settle multiple estates in sequence:

Settle grandparent’s estate → identify who inherited at that time.
If a child-heir later died, settle that child’s estate to pass their inherited share to their own heirs.
Repeat if more generations have passed.

This is why a single titled parcel can end up with dozens of co-owners on paper.

11) Missing heirs, minors, and special protections

A. Missing/unknown heirs

If an heir cannot be located, extrajudicial settlement may be risky or improper. Judicial procedures or protective measures may be necessary, because excluding an heir can later undermine the transfer.

B. Minors

Minors cannot freely sign away rights. Transactions involving minors’ inheritance often require court authority or strict compliance with guardianship rules.

C. Heirs who are abroad

Philippine consular notarization (“consularized” documents) or apostilled documents (depending on jurisdiction) may be needed for valid execution and acceptance in local registries.

12) Disinheritance and unworthiness (rare but important)

In intestacy, you generally assume heirs inherit unless:

They are incapable (e.g., “unworthy” due to serious acts against the decedent under the Civil Code), or
They were validly disinherited (which usually presupposes a will and strict legal requirements)

Because the topic here is intestate succession, disinheritance is usually not central unless the case involves legal disqualification/unworthiness.

13) Practical checklist: answering “Who inherits the grandparent’s titled land?”

To determine heirs correctly, gather:

Did the grandparent have a surviving spouse at death?
List of all children (legitimate, illegitimate, adopted), with proof.
For each child: Was the child alive when grandparent died?
- If not, list that child’s children (grandchildren) for representation.
Any prior deaths in the heir line causing multi-estate layering.
Marriage/property regime details to determine how much is in the estate.

Then apply:

Descendants first, with spouse concurring as applicable
Representation by branch when a child-heir is predeceased/incapacitated
Ascendants/collaterals only if there are no descendants

14) Common pitfalls that derail land inheritance cases

Assuming grandchildren inherit automatically even when the parent (child of the decedent) is alive
Ignoring the spouse’s property share (conjugal/community vs. exclusive property)
Skipping publication or executing defective EJS documents
Leaving out an heir (creates future claims; can cloud title)
Using “waivers” incorrectly, accidentally changing who ends up owning shares
Not sequencing multi-generation estates, leading to incorrect titles
Selling the property without settling, which can create buyer refusal, RD rejection, or future litigation

15) Bottom line

For land titled under a deceased grandparent in the Philippines, intestate inheritance usually goes to:

Children and the surviving spouse, if they exist; and
Grandchildren primarily by representation, only stepping into the share of a deceased (or legally unable) child of the grandparent; and
If there are no descendants, then the law looks to ascendants and/or collateral relatives, and only in the absence of legal heirs does the State step in.

The legal heirship rules answer who inherits, but transferring a land title requires proper estate settlement, compliance with tax clearance, and registry procedures—especially where multiple generations have passed without settlement.