Intestate Succession: Meaning in Philippine Law
Quick answer
Intestate succession is inheritance by operation of law. It applies when a person dies without a will, with a void will, or with a will that does not dispose of all the property. The law then decides who inherits and how much, starting with the closest relatives.
Also called: Legal succession
When does intestate succession apply?
Article 960 of the Civil Code lists the cases:
(1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity; (2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed;
The article also covers an instituted heir who dies before the testator, refuses the inheritance or is incapable of succeeding, and a condition on the heir's institution that is not fulfilled, when no substitution or accretion applies.
Who inherits, and in what order?
The basic rule is in Article 962:
In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place.
In practice:
- Children first. Legitimate children inherit in equal shares, "without distinction as to sex or age, and even if they should come from different marriages" (Articles 979 and 980). A grandchild may represent a parent who died earlier (Article 982).
- The spouse inherits alongside them. With legitimate children, the surviving spouse gets the same share as each child (Article 996).
- Parents, if there are no legitimate children or descendants. They exclude brothers, sisters and other collateral relatives (Article 985).
- Collateral relatives inherit only up to the fifth degree (Article 1010). With no heirs at all, the State inherits (Article 1011).
Illegitimate children also inherit. Under Article 992, an illegitimate child cannot inherit without a will from the legitimate relatives of his father or mother. In Aquino v. Aquino (2021), the Supreme Court read this rule so that a child whose parents did not marry each other may inherit from a grandparent by right of representation, if filiation is proven. The Court said it was not ruling on inheritance from collateral relatives or in the child's own right.
Example
Made-up illustration: Jose dies without a will. After his marital property is liquidated (Family Code Articles 103 and 130) and his debts are paid, his net estate is ₱1,200,000. He leaves his wife Maria and three legitimate children. Under Article 996, Maria takes the same share as each child: four equal shares of ₱300,000.
The heirs may then settle the estate in court or, if the conditions are met, out of court. See Who inherits if there is no will? and Extrajudicial settlement of estate. Compare inheritance under a will in Legitime shares in the Philippines.
Which provisions use this term?
Which Supreme Court rulings are relevant?
Frequently asked questions
What does intestate mean?
Intestate means without a valid will. Intestate succession, also called legal succession, is the way the law divides the estate in that case (Civil Code Article 960).
Who inherits first if there is no will?
The nearest relatives exclude the more distant ones (Article 962). Legitimate children and descendants come first. The surviving spouse inherits with them and gets the same share as each legitimate child (Article 996). Illegitimate children also inherit.
Do brothers and sisters inherit if there is no will?
Only if the deceased left no descendants, no ascendants and no illegitimate children (Article 1003). If a spouse also survives, the spouse takes one-half and the brothers and sisters or their children the other half (Article 1001).
What happens if there are no heirs at all?
Under Article 1011, when no one is entitled to succeed, the State inherits the whole estate.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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