Comprehensive guide as of 2025. This is general information, not legal advice.

1) The big picture

If a Filipino dies without descendants (no legitimate, illegitimate, or adopted children/grandchildren), the surviving spouse remains a compulsory heir. What the spouse ultimately receives depends on:

Whether there is a will (testate) or none (intestate).
Who else survives (ascendants like parents/grandparents; or none).
The couple’s property regime (Absolute Community of Property, Conjugal Partnership of Gains, or Separation of Property).
Debts/expenses and estate procedure.

A crucial step that people skip: liquidate the marital property first. Only the decedent’s net share (after liquidation, debts, and charges) is inherited.

2) First things first: property regime & liquidation

A) Absolute Community of Property (ACP) – the default for most marriages celebrated since the Family Code (absent a prenup)

Community mass = almost everything acquired before and during marriage except exclusive property (e.g., property donated or inherited by one spouse alone with express exclusivity).
On death: Split the community 50–50.
- 50% → surviving spouse as owner (not inheritance).
- The other 50% (decedent’s share) → forms the estate to be distributed by succession.

B) Conjugal Partnership of Gains (CPG) – common under older prenups/earlier laws

Conjugal mass = gains and acquisitions during marriage; exclusive properties remain separate.
Liquidation: return exclusive properties to each spouse, settle conjugal debts, then split the net conjugal gains 50–50. The decedent’s ½ of net gains + decedent’s exclusive property = estate.

C) Separation of Property

No common mass to split. The estate is simply the decedent’s separate properties and debts.

Always liquidate first, then apply succession. Skipping this leads to over- or under-paying the spouse.

3) Intestate succession (no will)

When there’s no will, the Civil Code’s default shares apply.

A) Spouse with legitimate parents/ascendants (but no descendants)

Spouse gets ½ of the estate.
Ascendants (parents/grandparents, by line) get the other ½.
Collateral relatives (siblings, nieces/nephews) do not inherit if there are ascendants and a surviving spouse.

B) Spouse without ascendants (and still no descendants)

Spouse takes the entire estate.
Collaterals (brothers/sisters, etc.) are excluded when a spouse survives and there are no descendants or ascendants.

C) Notes on illegitimate relatives (still no children)

If there are no descendants, no ascendants, and the spouse survives, the spouse still takes all in intestacy. (Illegitimate parents have no intestate rights against legitimate ascendants/spouse; special, fact-specific rules on acknowledgment can arise but are uncommon here.)

4) Testate succession (with a will): the spouse’s legitime and the free portion

Even with a will, the spouse cannot be deprived of the legitime (the minimum share the law reserves).

If there are ascendants (no descendants):
- Spouse’s legitime = ½ of the estate.
- Ascendants’ legitime = ½ (distributed by line: paternal and maternal lines share equally; nearer excludes the more remote).
- Free portion = 0 (because the whole estate is taken up by legitimes).
If there are no ascendants (and no descendants):
- Spouse’s legitime = ½ of the estate.
- Free portion = ½ (the testator may give this to anyone—relatives, charity, or even the spouse again).
- In intestacy, the spouse would have gotten 100%; with a will, the testator can steer the free ½ elsewhere (e.g., siblings), but cannot touch the spouse’s ½.
Disinheritance of a spouse is allowed only for specific, serious grounds provided by law and must follow strict formalities. Otherwise, any attempt to deprive the spouse of the legitime is invalid.

5) The family home & exempt property (quick orientation)

The family home (actual residence) enjoys execution exemptions up to a statutory ceiling in certain contexts (debts). In succession, it still forms part of the estate unless it was exclusively owned by the surviving spouse.
Do not confuse debt-exemption rules with succession shares. Inheritance still follows the liquidation → legitime steps; any exemptions matter mainly for creditor execution, not for who inherits.

6) Debts, charges, and collation (what comes off the top)

Before computing shares:

Funeral, last illness, estate administration costs;
Debts of the decedent;
Taxes and valid property charges;
Return of donations inofficious and collation (bringing back advances to preserve legitimes) where applicable.

Only the net hereditary estate after these reductions is split among heirs.

7) Worked examples (easy numbers)

Assume no debts unless stated; values are after liquidating the marital regime as indicated.

Example 1 — ACP, no ascendants, no will

Community: ₱10,000,000.
Split ACP: ₱5,000,000 to spouse (ownership, not inheritance). Estate = ₱5,000,000.
Intestacy, no ascendants: Spouse inherits 100% of estate = ₱5,000,000.
Total to spouse = ₱5,000,000 (own half) + ₱5,000,000 (inheritance) = ₱10,000,000.

Example 2 — ACP, with surviving parents, no will

Community: ₱12,000,000 → spouse’s own ₱6,000,000; estate = ₱6,000,000.
Spouse intestate share = ½ of estate = ₱3,000,000.
Parents/ascendants share = ₱3,000,000 (split by line).
Total to spouse = ₱6,000,000 (own) + ₱3,000,000 (inheritance) = ₱9,000,000.

Example 3 — Separation of property, no ascendants, with will favoring siblings

Estate (decedent’s separate assets) = ₱8,000,000.
Spouse’s legitime = ½ = ₱4,000,000.
Free portion = ₱4,000,000 → testator may give to siblings, etc.

Example 4 — CPG, with debts and ascendants

Gross conjugal gains = ₱6,000,000; conjugal debts = ₱2,000,000 → net gains = ₱4,000,000.
Split net gains 50–50: ₱2,000,000 to spouse (own), ₱2,000,000 to estate.
Decedent also had exclusive land worth ₱3,000,000 → estate total = ₱5,000,000.
Intestacy with ascendants: spouse gets ½ = ₱2,500,000; ascendants get ₱2,500,000.
Spouse’s overall = ₱2,000,000 (own share of net gains) + ₱2,500,000 (inheritance) = ₱4,500,000.

8) Procedure: how estates are actually settled

Gather papers: marriage certificate, death certificate, IDs; titles, bank statements; list of debts; proof of exclusive/community assets; prenup if any.
Identify regime (ACP/CPG/Separation).
Liquidate the marital property (inventory, valuations, settle community/conjugal debts).
Choose the track:
- Extrajudicial settlement (EJS) if no will, no debts (or all creditors paid/notified), all heirs of legal age (or represented). Publish the notice and pay applicable taxes/fees.
- Summary settlement (for small estates) or probate (if there is a will) in the RTC.
Pay estate taxes (observe BIR timelines), secure Electronic Certificate Authorizing Registration (eCAR) for transfers.
Distribute the net estate per shares above; update titles and bank accounts.

9) Frequently asked questions

Q1: We had no kids, but my spouse’s parents are alive. Do I really have to share with them? Yes, in intestacy you share 50–50 with ascendants. You get all only if there are no descendants and no ascendants. A will could still direct the free portion elsewhere, but your legitime remains untouchable.

Q2: My name isn’t on the title of the house we lived in. Do I lose it? Not necessarily. Under ACP/CPG, title alone does not decide ownership. If the house is community/conjugal, you still own your ½ after liquidation before succession.

Q3: Can a will cut me out completely? No. You are a compulsory heir. Only strict legal grounds for disinheritance apply and must be properly alleged in a will.

Q4: What about our “family home”? It is part of the estate if owned (fully or partly) by the decedent, subject to the same liquidation and sharing. Separate debt-collection protections do not change succession shares.

Q5: We were separated de facto. Do I still inherit? Yes, unless there was a final judgment of annulment/void marriage (or valid legal separation effects) that changes the property regime or status. Mere separation doesn’t erase spousal succession rights.

Q6: My spouse left a will giving everything to a sibling. We have no kids and no parents alive. The will can give away the free ½, but your legitime of ½ is yours. If the will ignores it, your share is reduced from the instituted heir’s portion.

10) Common pitfalls

Forgetting liquidation: Paying heirs before splitting ACP/CPG properly is a recipe for disputes and tax issues.
Ignoring debts and taxes: Shares are computed from the net estate, not gross.
Assuming siblings inherit with a spouse: In intestacy, siblings are out if a spouse survives and there are no descendants/ascendants.
Confusing ownership vs inheritance: The spouse’s own ½ under ACP/CPG is not inheritance.
Overlooking a prenup: A valid marriage settlement can change everything.

11) Quick checklists

For the surviving spouse

Find prenup (if any) → determine regime.
Inventory: titles, deeds, bank/brokerage, vehicles, business shares.
Compile debts/claims, funeral/admin expenses.
Decide EJS vs court (probate/summary).
Arrange valuations and pay estate tax.
Compute shares: (a) own share from liquidation; (b) inheritance from net estate.
Update titles/registrations.

For planning (while both spouses are alive)

Consider a will to steer the free portion (when there are no ascendants/descendants).
Keep records proving exclusive property (donation/legacy documents stating exclusivity).
Maintain clean titles and label ACP/CPG vs exclusive assets clearly.

12) One-page formulas (memory aids)

Intestacy, spouse + ascendants: Spouse ½, ascendants ½.
Intestacy, spouse only (no descendants, no ascendants): Spouse 100%.
Testacy, spouse + ascendants: Legitime fills the estate (½ spouse, ½ ascendants).
Testacy, spouse only: Spouse legitime ½; free portion ½ to anyone.
Always: Liquidate marital property first, then compute on the net estate.

If you want, give me your property regime, a simple asset/debt list, and who else survives (parents/grandparents). I can draft a distribution worksheet and a short extrajudicial settlement template tailored to your case.