Quick answer

Philippine law gives heirs rights from the moment a person dies, but the amount each heir receives depends on the deceased’s family relationships, property regime, valid will, debts, lifetime donations, nationality, and—where applicable—Muslim personal law.

A valid will cannot ordinarily take away the legitime, or minimum share reserved for compulsory heirs. Without a will, the Civil Code’s rules on intestate succession determine who inherits and in what proportions. Children born outside marriage have inheritance rights once filiation is legally established, although their shares and some rights involving collateral relatives differ from those of legitimate children. A legally adopted child is generally treated as a legitimate child of the adopter.

Before calculating anyone’s share, the estate must be separated from the surviving spouse’s own property, legitimate debts and taxes must be paid, and assets that pass under a separate contract or beneficiary arrangement must be examined individually.

Rights begin at death—but distribution comes later

Under Articles 774 to 777 of the Civil Code, succession transmits property, transmissible rights, and obligations at death. This does not mean an heir may immediately take a particular house, withdraw estate funds, or sell an entire property.

Where there are several heirs, they generally own the hereditary estate in common before partition, subject to the deceased’s debts. An heir does not yet own a specific physical portion unless it has been validly adjudicated or partitioned.

The estate may include:

The deceased’s exclusive property
The deceased’s share after liquidation of absolute community, conjugal partnership, or another applicable property regime
Receivables, business interests, shares, vehicles, intellectual property, and other transmissible rights
Property or income added to the estate after death but before partition
Transmissible obligations, limited to the value of the inheritance received

An heir is not ordinarily personally liable for the deceased’s contractual debts beyond the value of property inherited. Estate debts are paid before final distribution.

Some amounts—such as particular insurance proceeds, pensions, employment death benefits, or accounts governed by a valid beneficiary arrangement—may pass under their governing law or contract rather than form part of the hereditary estate. The document and applicable statute must be checked; the mere use of the word “beneficiary” is not always conclusive.

First determine what actually belongs to the estate

If the deceased was married, do not divide every property titled in either spouse’s name as inheritance. The couple’s property regime must first be liquidated.

The surviving spouse’s share in community or conjugal property is his or her own property, not an inheritance. Only the deceased spouse’s net share enters the estate. The surviving spouse may then inherit an additional share from that estate.

Under Articles 103 and 130 of the Family Code, community or conjugal property should be liquidated in the estate proceeding. If no judicial settlement is filed, the surviving spouse must liquidate it judicially or extrajudicially within six months from death. A later disposition or encumbrance involving unliquidated community or conjugal property may be void.

For unmarried partners, cohabitation alone does not make the surviving partner a compulsory or intestate heir. The partner may nevertheless own a separate or co-owned share under the Family Code, or receive property under a valid will within the disposable portion. Ownership and inheritance are separate questions.

Who are compulsory heirs?

Compulsory heirs are persons for whom the law reserves a legitime. Under Articles 886 and 887 of the Civil Code, they generally include:

Legitimate children and descendants
In their absence, legitimate parents and ascendants
The surviving legal spouse
Children classified by law as illegitimate, provided filiation is proved
Legally adopted children, who are treated as legitimate children of the adopter
In limited circumstances, the parents of a person classified as an illegitimate child

Legitimate parents are generally excluded as compulsory heirs when legitimate children or descendants survive. The surviving spouse and children born outside marriage may concur with other compulsory heirs.

A spouse must ordinarily have a legally valid and subsisting marriage to the deceased. Separation in fact does not by itself end the marriage or automatically remove inheritance rights. Different consequences apply to a final decree of legal separation and to the spouse who gave cause for it.

A stepchild, foster child, in-law, godchild, sibling, nephew, niece, or unmarried partner is not a compulsory heir merely because of a close relationship. Such a person may inherit under a valid will or, for qualifying blood relatives, under intestate succession.

What is a legitime?

The legitime is the part of the estate that a testator cannot freely give away because the law reserves it for compulsory heirs. It is computed from the net hereditary estate, with collation of lifetime donations when required.

Common configurations include:

Legitimate or legally adopted children only: Their collective legitime is one-half of the net hereditary estate, divided equally. The other half is generally disposable.
One legitimate child and a surviving spouse: The child’s legitime is one-half; the spouse’s is one-fourth. The remaining one-fourth is generally disposable.
Two or more legitimate children and a surviving spouse: The children collectively receive one-half as their legitime. The spouse’s legitime equals the legitime of one legitimate child.
Legitimate parents only: Their collective legitime is one-half; the other half is generally disposable.
Legitimate parents and a surviving spouse: The parents collectively receive one-half and the spouse one-fourth, leaving one-fourth disposable.
Surviving spouse only: The spouse’s legitime is generally one-half, subject to the special rule for certain marriages celebrated in danger of death.
Children born outside marriage only: Their collective legitime is one-half, divided among them.
Surviving spouse and children born outside marriage: The spouse receives one-third as legitime, the children collectively receive one-third, and one-third is disposable.
Legitimate parents, surviving spouse, and children born outside marriage: The parents collectively receive one-half, the spouse one-eighth, and the children collectively one-fourth, generally leaving one-eighth disposable.

When legitimate children, a spouse, and children born outside marriage all survive, the calculations become interdependent: the spouse’s share is based on the share of a legitimate child, while each child born outside marriage is generally entitled to one-half of a legitimate child’s legitime. The surviving spouse’s legitime is satisfied before the aggregate legitimes of children born outside marriage from the disposable portion. Exact computation requires the complete family tree and net estate.

A future legitime cannot validly be waived while the person whose estate is involved is still alive. After death, an heir may accept or repudiate an inheritance, but repudiation must comply with the Civil Code. A selective waiver in favor of identified heirs may also create donor’s-tax consequences, unlike a true general repudiation.

Can a will change these shares?

A will may distribute the free or disposable portion, but it generally cannot impair legitimes. A will also does not transfer property unless it is proved and allowed in probate.

Philippine law recognizes, among others:

A notarial will complying with the writing, signature, attestation, witness, page, and acknowledgment requirements of Articles 804 to 809
A holographic will entirely written, dated, and signed by the testator’s own hand under Article 810

Formal defects can invalidate a will. A notarized document is not necessarily a valid will merely because it states how property should be divided.

The person holding a will must, under Rule 75 of the Rules of Court, deliver it to the proper court or the named executor within 20 days after learning of the testator’s death. A named executor has a corresponding 20-day duty to present the will and accept or refuse the trust, unless the will has already reached the court.

Omission and disinheritance are not the same

A parent cannot lawfully disinherit a compulsory heir simply by saying, “I leave nothing to this child.”

Disinheritance must:

Be made in a valid will;
State a cause expressly recognized by law; and
Be proved by the other heirs if the disinherited heir denies the cause.

The statutory grounds differ for children, parents, and spouses. They include specific serious acts such as an attempt against the testator’s life, certain false criminal accusations, unjustified refusal of support, specified maltreatment, undue influence over the will, and other grounds listed in Articles 919 to 921. Ordinary disagreement, estrangement, disapproval of a marriage, or failure to visit is not automatically sufficient.

Reconciliation may cancel the right to disinherit or render an existing disinheritance ineffective. Descendants of a validly disinherited child may take that child’s place as compulsory heirs with respect to the legitime.

Preterition is a different doctrine. The total omission of a compulsory heir in the direct line, without the heir receiving anything by any title, may annul the institution of heirs, while valid legacies and devises may remain effective insofar as they do not impair legitimes. Whether an omission is preterition, defective disinheritance, or merely an underpayment of legitime depends on the will and evidence of lifetime transfers.

Who inherits when there is no will?

Without a valid will, the Civil Code applies

Quick answer

An heir’s rights generally arise at the moment of the decedent’s death, but the heir does not automatically become the exclusive owner of a particular house, lot, account, or vehicle. The estate must first be identified, the surviving spouse’s own property share separated, valid debts and taxes paid, any will probated, and the remaining estate distributed among the proper heirs.

Philippine law protects the legitime of compulsory heirs. A will cannot simply erase that reserved share unless the heir was validly disinherited for a legal cause stated in the will and later proved if disputed. Without a valid will—or for property not effectively disposed of by a will—the Civil Code’s rules on intestate succession determine who inherits and in what proportions.

The result depends on the exact family tree, proof of marriage and filiation, adoption records, the property regime of the spouses, lifetime donations, debts, the decedent’s citizenship, the date of death, and whether Muslim personal law applies. No heir should sign a waiver, settlement, sale, or affidavit of self-adjudication until all possible heirs and estate assets have been checked.

What an inheritance includes

Under Articles 774 to 777 of the Civil Code, succession transmits property, rights, and obligations that are not extinguished by death. Obligations pass only up to the value of the inheritance; an heir is not ordinarily required to pay the decedent’s contractual debts from the heir’s separate property beyond what the heir received.

Before partition, two or more heirs own the estate in common, subject to its debts. This means an heir owns an undivided hereditary interest—not automatically the bedroom, farm, vehicle, or other specific asset the heir prefers.

The estate may include:

The decedent’s exclusive property
The decedent’s share after liquidation of absolute-community or conjugal property
Receivables, shares, business interests, intellectual-property rights, and other transmissible rights
Property or income accruing to the estate after death and before partition
Certain lifetime donations that must be considered when computing legitimes

Some contractual benefits, insurance proceeds, pensions, trusts, or employment death benefits may pass under their governing law or beneficiary designation rather than form part of the hereditary estate. The contract and special law must be examined before treating them as estate assets.

Separate the surviving spouse’s property before computing inheritance

A surviving spouse may receive two legally different amounts:

The spouse’s own share from liquidation of the marital property regime; and
The spouse’s inheritance from the deceased spouse’s net estate.

These should not be combined. For example, if a property is proven to be conjugal, the surviving spouse’s share in the conjugal partnership is separated first. Only the decedent’s share enters the hereditary estate.

Under Articles 103 and 130 of the Family Code, the community or conjugal property should be liquidated in the estate proceeding. If there is no judicial settlement, the surviving spouse must liquidate it judicially or extrajudicially within six months from death. A later disposition or encumbrance involving unliquidated community or conjugal property may be void.

An unmarried partner is not automatically a compulsory or intestate heir merely because the couple lived together or had children. The partner may, however, have a separate ownership or co-ownership claim under the Family Code, or may receive property through a valid will within the disposable portion.

Who are compulsory heirs?

Compulsory heirs are persons for whom the law reserves a legitime. They generally include:

Legitimate children and descendants, including children given the rights of legitimate children by legitimation or valid adoption
In default of legitimate children or descendants, legitimate parents and ascendants
The surviving legal spouse
Children born outside marriage, provided filiation is duly proved
In limited configurations, the parents of a person legally classified as an illegitimate child

Legitimate parents are excluded as compulsory heirs by legitimate children or descendants, but children born outside marriage do not necessarily exclude legitimate parents; they may inherit together under the applicable provisions.

A person must also be capable of inheriting. The Civil Code lists grounds of unworthiness, including specified serious acts against the decedent, interference with a will, and falsification or concealment of a will. These grounds require close legal analysis and proof.

How much is the legitime?

The legitime is computed from the hereditary estate after allowable debts and charges, while adding back donations subject to collation where required. The exact computation changes with the combination and number of heirs.

Common testate configurations include:

Heirs surviving the decedent	General legitime
Legitimate children only	Collectively one-half of the hereditary estate, divided equally; the other half is generally disposable
One legitimate child and spouse	Child: one-half; spouse: one-fourth; the remaining one-fourth is generally disposable
Two or more legitimate children and spouse	Children collectively receive one-half; the spouse receives a legitime equal to that of one legitimate child
Legitimate parents only	Collectively one-half; the other half is generally disposable
Legitimate parents and spouse	Parents collectively: one-half; spouse: one-fourth
Spouse only	Generally one-half, subject to the special rule for certain marriages celebrated at the point of death
Children born outside marriage only	Collectively one-half; the other half is generally disposable
Spouse and children born outside marriage	Spouse: one-third; children collectively: one-third
Legitimate parents and children born outside marriage	Parents collectively: one-half; children collectively: one-fourth
Legitimate parents, spouse, and children born outside marriage	Parents collectively: one-half; spouse: one-eighth; children collectively: one-fourth

When legitimate children, a spouse, and children born outside marriage all survive, each child born outside marriage generally receives one-half of the legitime of each legitimate child. The spouse’s legitime is generally equal to that of one legitimate child. The available free portion and statutory caps must still be checked.

These fractions apply to the net hereditary estate, not automatically to every individual property. Donations, representation, preterition, disinheritance, renunciation, reservable property, and the marital property regime can change the final allocation.

If there is no will: common intestate shares

Legal or intestate succession applies when there is no valid will, the will does not cover the whole estate, an instituted heir cannot inherit, or another circumstance under Article 960 exists.

Common configurations are:

Heirs surviving the decedent	General intestate division
Legitimate children only	Equal shares
Legitimate children and spouse	Spouse receives the same share as each legitimate child
Legitimate children and children born outside marriage	Each child born outside marriage generally receives one-half of the share of each legitimate child
Legitimate children, spouse, and children born outside marriage	Spouse has the same share as one legitimate child; each child born outside marriage generally has one-half of that share
Spouse and children born outside marriage only	Spouse: one-half; children collectively: one-half
Children born outside marriage only, without descendants, ascendants, or spouse who would concur	They generally divide the entire estate
Legitimate parents and spouse	Parents collectively: one-half; spouse: one-half
Legitimate parents and children born outside marriage	Each group collectively receives one-half
Legitimate parents, spouse, and children born outside marriage	Parents: one-half; spouse: one-fourth; children: one-fourth
Spouse and brothers, sisters, nephews, or nieces	Spouse: one-half; qualifying collateral relatives: one-half
Spouse alone	Entire estate
No qualifying descendants, ascendants, children born outside marriage, or spouse	Brothers, sisters, and other qualifying collateral relatives inherit according to degree and full- or half-blood rules
No qualified heir	The estate passes to the State through escheat proceedings

The nearest relative generally excludes a more remote relative, subject to the right of representation. Intestate succession through collateral relatives does not extend beyond the fifth degree.

Representation: when grandchildren take a parent’s place

Representation allows a descendant to take the place of a person who would have inherited but predeceased the decedent or could not inherit in a situation recognized by law. The representatives divide per stirpes—they collectively receive no more than the represented person would have received.

Representation generally operates in the direct descending line. It does not arise merely because an heir voluntarily repudiated the inheritance. Children of a validly disinherited person may, however, preserve compulsory-heir rights to the legitime under Article 923.

In Aquino v. Aquino, the Supreme Court reinterpreted Article 992 and held that a child, regardless of birth status, may inherit from a direct ascendant such as a grandparent by representing a deceased parent. The ruling was expressly limited to direct-line representation and did not decide every issue involving inheritance from collateral relatives. Filiation must still be proved. See the Supreme Court decision in G.R. Nos. 208912 and 209018.

Rights of children born outside marriage

A child born outside marriage can inherit directly from either parent once filiation is duly established. Under Article 176 of the Family Code, the child’s legitime is generally one-half of the legitime of a legitimate child.

Proof of filiation may include:

A civil-registry birth record or final judgment
The parent’s admission in a public document
A private handwritten and signed admission by the parent
Open and continuous possession of the status of a child
Other admissible evidence, including DNA evidence where legally and factually appropriate

The deadline for an action to establish filiation depends on the kind of evidence, the child’s and parent’s dates of birth and death, and the law in force when rights vested. Some claims based on secondary evidence must be brought during the alleged parent’s lifetime. Older cases can fall under transitional rules. Urgent legal advice is necessary if filiation is disputed or the alleged parent has died.

Adopted and legitimated children

A validly adopted child is treated as the adopter’s legitimate child. Sections 41 to 43 of Republic Act No. 11642 provide reciprocal testate and intestate succession rights between adopter and adoptee without distinction from legitimate filiation, and extend the adoptive filiation to specified members of the adopter’s family.

Except in step-parent adoption, legal ties with biological parents are generally severed. The particular adoption law, date and validity of adoption, any rescission, and any wills left by the parties must be reviewed before determining rights in the biological family.

A legitimated child has the same rights as a legitimate child, with the effects of legitimation generally retroacting to birth.

A stepchild, foster child, or person informally raised as a child does not acquire inheritance rights simply from affection, support, or use of a family surname. A valid adoption, proven filiation, or valid testamentary disposition is required.

A will does not give unlimited freedom to distribute property

A person with no compulsory heirs may generally leave the estate to any person legally capable of inheriting. A person with compulsory heirs may dispose only of the free portion after preserving all legitimes.

A will that gives a compulsory heir less than the proper legitime can be reduced to complete that share. Excessive lifetime donations and testamentary gifts may also be reduced.

Preterition

Preterition is the total omission of a compulsory heir in the direct line from the inheritance without expressly disinheriting that heir or otherwise giving the heir anything. Under Article 854, it annuls the institution of heirs, while valid legacies and devises remain effective to the extent they do not impair legitimes.

Not every omission is preterition. The effect depends on who was omitted, whether the heir received anything by another title, and the wording and structure of the will.

Disinheritance

Disinheritance is valid only if:

It is made in a will;
The will states a cause expressly recognized by law; and
The other heirs prove the cause if the disinherited heir denies it.

Estrangement, personal dislike, family disagreement, or a general statement that a child was “ungrateful” is not automatically sufficient. Reconciliation may extinguish the right to disinherit or make an earlier disinheritance ineffective.

Formal validity and probate

A notarial will must comply with the Civil Code’s requirements on writing, language, signatures, attestation, witnesses, page formalities, and acknowledgment before a notary. A holographic will must be entirely handwritten, dated, and signed by the testator.

Even a facially valid will cannot pass property until it is proved and allowed by the proper court. Under Rule 75, a custodian must deliver the will to the court or named executor within 20 days after learning of the testator’s death. The relevant probate rules appear in the Rules of Court on Special Proceedings.

Extrajudicial or judicial settlement?

Extrajudicial settlement

Under Rule 74, heirs may settle without appointing an administrator when:

The decedent left no will;
The estate has no outstanding debts;
All heirs are adults, or minors are represented by duly authorized judicial or legal representatives; and
The heirs agree on the division.

The settlement must be in a public instrument filed with the Register of Deeds. A sole heir may use an affidavit of self-adjudication. The rule also requires a bond corresponding to the personal property involved and publication of the settlement once a week for three consecutive weeks in a newspaper of general circulation.

Publication does not cure the exclusion of an heir. An extrajudicial settlement is not binding on a person who did not participate or had no notice.

Rule 74 imposes a two-year liability on the bond and estate for qualifying claims after distribution. A minor, mentally incapacitated person, prisoner, or person outside the Philippines at the expiration of that period may claim within one year after the disability is removed. These periods are not a safe universal deadline for every action involving fraud, an excluded heir, reconveyance, or an implied trust; the correct prescriptive rule depends on the cause of action.

Judicial settlement

Court proceedings are normally necessary when:

There is a will requiring probate;
Heirs disagree;
A person’s status or filiation is contested;
Estate ownership is disputed;
There are unresolved debts or creditor claims;
Property must be sold under court authority;
A minor or incapacitated heir is not adequately represented;
An executor or administrator must collect, protect, or recover assets; or
An extrajudicial settlement would not protect all interested persons.

In judicial administration, the court’s notice to creditors fixes a claim period of not less than six months and not more than twelve months from the first publication. A creditor should not wait for the period to expire.

Tax and registration deadlines

Inheritance rights and estate-tax obligations are separate. An estate can owe no estate tax yet still require a return or BIR clearance before registered property can be transferred.

For deaths on or after January 1, 2018, the regular estate tax is generally 6% of the net taxable estate under Republic Act No. 10963. For a citizen or resident, major deductions include a ₱5 million standard deduction and a family-home deduction of up to ₱10 million, subject to statutory requirements and the decedent’s actual interest in the home. Earlier deaths are governed by the tax law in force at death.

Important current deadlines and thresholds include:

Estate-tax return: Generally within one year from death.
When a return is required: For transfers subject to estate tax and, regardless of gross value, when the estate contains registered or registrable property requiring BIR clearance.
CPA-certified statement: Required when the gross estate shown in the return exceeds ₱5 million.
Payment: Due when the return is filed.
Extension to file: The Commissioner may grant up to 30 days in meritorious cases.
Extension to pay for undue hardship: Up to five years for a judicially settled estate or two years for an extrajudicially settled estate, if approved.
Installment payment for insufficient estate cash: May be allowed within two years from the statutory payment date, subject to BIR requirements and approval.
Local transfer tax on inherited real property: Where imposed by the LGU, payment is due within 60 days from death. The rate is set by ordinance and may not exceed 0.5% under Section 135 of the Local Government Code.

Under Republic Act No. 11976, estate-tax returns and payments may be made electronically or manually through the authorized channels prescribed by the BIR, including authorized agent banks, an RDO through its Revenue Collection Officer, or an authorized tax-software provider. Use BIR Form 1801 and the current BIR requirements, then obtain the electronic Certificate Authorizing Registration needed for applicable transfers.

The general estate-tax amnesty under Republic Act No. 11956 closed on June 14, 2025. Heirs who timely availed may still have compliance steps or approved installments, but a pending bill is not an extension of the law. Estates that did not timely avail generally fall under the regular rules applicable at the decedent’s death, with possible additions and penalties.

Practical steps for heirs

Secure the original will and vital records. Obtain PSA-issued death, marriage, and birth certificates, plus adoption or legitimation records where relevant.
Protect the estate. Photograph and inventory property. Secure titles, tax declarations, keys, vehicles, devices, account records, corporate documents, and business books without concealing them from co-heirs.
Identify every possible heir. Prepare a family tree covering all marriages, children, adopted children, predeceased children and their descendants, surviving parents, and possible collateral heirs.
Determine the governing law. Check the decedent’s citizenship, date of death, marital status, property regime, and whether the Code of Muslim Personal Laws applies. For foreign nationals, Article 16 of the Civil Code may make the decedent’s national law controlling on the order and amount of succession and the intrinsic validity of testamentary provisions.
Inventory assets, debts, and lifetime transfers. Include mortgaged property, loans, taxes, receivables, shares, business interests, and significant donations.
Calculate only the decedent’s net estate. Liquidate community or conjugal property before applying inheritance fractions.
Choose the legally proper settlement route. Do not use an extrajudicial settlement merely to avoid court when its requirements are absent.
File taxes and request extensions early. Do not assume that family disagreement suspends tax deadlines.
Transfer each asset through the proper agency. After settlement and BIR clearance, complete the Registry of Deeds, assessor, bank, corporate, vehicle, or other registration requirements.
Keep a full accounting. Any heir managing estate money should preserve receipts, statements, rental records, tax payments, and proof of distributions.

Evidence worth preserving

Keep originals or authenticated copies of:

The will, codicils, envelopes, and records showing custody
Death, marriage, birth, adoption, and legitimation documents
Land titles, deeds, tax declarations, surveys, and real-property-tax receipts
Bank, investment, insurance, pension, and loan records
Share certificates, corporate books, partnership agreements, and business accounts
Proof of the source and acquisition date of marital property
Receipts and documents supporting estate debts and funeral or administration expenses
Deeds of donation and evidence of lifetime advances
Written acknowledgments of filiation, remittances, correspondence, school or medical records, photographs, and potential witness information
Copies of any settlement, waiver, special power of attorney, publication, tax return, eCAR, or registration filing
Evidence of unauthorized withdrawals, concealed assets, forged signatures, or attempted sales

Preserve digital records in their original form and avoid altering metadata. Do not obtain evidence through unlawful access to accounts or devices.

Common mistakes

Dividing the entire conjugal property as though it all belonged to the decedent
Excluding a child because the child uses another surname or was born outside marriage
Assuming the eldest child, son, or child who cared for the parent automatically gets a larger share
Treating a live-in partner or stepchild as an automatic heir
Believing a notarized will no longer needs probate
Using an affidavit of self-adjudication despite the existence of other heirs
Publishing an extrajudicial settlement and assuming publication cures an omitted heir
Selling a specific estate property without authority from all co-owners or the court
Ignoring lifetime donations when computing legitimes
Signing a selective waiver in favor of one heir without considering donor’s tax consequences
Paying heirs before valid debts, taxes, and administration expenses
Waiting for the family dispute to end before addressing the six-month, 60-day, one-year, or court-ordered deadlines

When legal help is urgent

Consult a Philippine succession lawyer immediately if:

A will is being hidden, destroyed, altered, or withheld
An heir or possible child has been omitted
Someone is selling, mortgaging, leasing, or withdrawing estate assets without consent
Filiation is disputed or the alleged parent has died
A title has already been transferred through self-adjudication or an incomplete settlement
There is a minor, incapacitated, imprisoned, missing, or overseas heir
The decedent had multiple marriages, a foreign spouse, foreign citizenship, or overseas property
Muslim personal law may apply
A creditor notice or court order sets a claim deadline
The one-year estate-tax deadline or 60-day local transfer-tax deadline is approaching or has passed
There are allegations of forgery, fraud, undue influence, unworthiness, or invalid disinheritance

Qualified indigent parties may ask the Public Attorney’s Office about eligibility for legal assistance.

Frequently asked questions

Can a parent leave everything to only one child?

Not ordinarily if other compulsory heirs survive. The favored child may receive the free portion, but the other compulsory heirs can demand completion of their legitimes. Excessive donations may also be reduced.

Does an heir inherit the decedent’s debts?

Transmissible debts are charged against the estate. An heir’s liability is generally limited to the value of property received from the decedent, although an heir may create separate liability through an independent agreement or wrongful conduct.

Can an heir refuse an inheritance?

Yes. Repudiation must be made in a public or authentic instrument or through a petition in the proper estate proceeding. It is generally irrevocable once validly made. A selective waiver in favor of identified co-heirs may have donor’s tax consequences.

Can one heir sell inherited land?

Before partition, an heir may generally deal only with the heir’s undivided hereditary interest, subject to the rights of co-heirs, creditors, and applicable redemption rules. One heir cannot unilaterally sell the other heirs’ shares or guarantee ownership of a specific estate parcel that has not been adjudicated to that heir.

Does using the father’s surname prove a child’s inheritance right?

Not by itself. Filiation must be established through the evidence recognized by the Family Code, court rules, and applicable decisions. Conversely, using the mother’s surname does not by itself defeat a valid filiation claim.

Is an extrajudicial settlement final after two years?

Not necessarily. Rule 74 creates a two-year liability period and specific remedies, but an excluded heir who did not participate or receive notice may have other remedies. Fraud, minority, incapacity, absence, the nature of the action, and when the claimant learned of the transfer can affect the applicable period.

Official legal sources

This article provides general Philippine legal information, not legal advice for a particular estate. Rights and tax liabilities depend on the documents, family relationships, governing law, and date of death. Sources and current procedures were checked as of 1 August 2026.