How Much Does a Surviving Spouse Inherit?
Quick answer
It depends on whether there is a will and on who else survives. With no will, a surviving spouse who is left with legitimate children gets the same share as each child (Article 996 of the Civil Code). With the deceased's parents, or with brothers and sisters, the spouse gets one-half. If no other heir survives, the spouse gets the entire estate. With a will, the spouse is a compulsory heir and keeps at least the legitime the law reserves.
What is divided first?
Before any heir gets a share, the property of the marriage is settled. When a spouse dies, the Family Code says the community or conjugal property is liquidated in the same proceeding for the settlement of the estate. If there is no court proceeding, the surviving spouse must liquidate it within one year (absolute community, Article 103) or within six months (conjugal partnership, Article 130). If that is not done in time, any sale or mortgage of that property is void.
Upon the termination of the marriage by death, the community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased.
The surviving spouse keeps his or her own share of the marital property. That share is not inherited. Only the deceased's share, after debts are paid, is the estate divided under the rules below. See Selling conjugal property after a spouse dies.
How much does the spouse get with no will?
This is intestate succession. The spouse's share depends on who else survives:
| Who survives with the spouse | Spouse's share | Article |
|---|---|---|
| Legitimate children or descendants | The same share as each child | 996 |
| Legitimate children and illegitimate children | The same share as a legitimate child | 999 |
| Legitimate parents or ascendants | One-half (they get the other half) | 997 |
| Illegitimate children only | One-half (they get the other half) | 998 |
| Legitimate parents and illegitimate children | One-fourth (parents one-half, illegitimate children one-fourth) | 1000 |
| Brothers and sisters, or their children | One-half (they get the other half) | 1001 |
| No one else | The entire estate | 995 |
The rule most families meet is Article 996:
If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children.
So with three legitimate children, the estate is divided into four equal parts. Article 996 speaks of "each of the children". When there is only one legitimate child, the articles do not spell out the split in other words; ask a lawyer.
When the spouse survives with brothers and sisters of the deceased, Article 1001 gives each side one-half. In Treyes v. Larlar (2020), the Supreme Court said that when the brothers and sisters of a deceased married woman survive with her widower, he is entitled to one-half and they to the other half. The Court added that, subject to the required proof, they are entitled to it by operation of law, without any need of a prior court declaration that they are heirs.
For the shares of each group of heirs in one table, see intestate shares: who gets what.
How much does the spouse get when there is a will?
A will can give the spouse more, but not less than the legitime. The surviving spouse is a compulsory heir (Article 887). The spouse's legitime also depends on who else survives:
| Who survives with the spouse | Spouse's legitime | Article |
|---|---|---|
| One legitimate child | One-fourth of the estate | 892 |
| Two or more legitimate children | A portion equal to the legitime of each child | 892 |
| Legitimate parents or ascendants (no children) | One-fourth | 893 |
| Illegitimate children (no legitimate children or parents) | One-third | 894 |
| Legitimate parents and illegitimate children | One-eighth | 899 |
| No other compulsory heir | One-half | 900 |
Legitimate children together get one-half of the estate as their legitime (Article 888). The spouse's legitime is taken from the free portion, the part the testator may give to anyone (Articles 892 and 893). For all the shares, see the legitime shares table and How much is the legitime?
There is one special case. If the spouse is the only compulsory heir and the marriage was celebrated in articulo mortis (when one party was at the point of death), and the testator died within three months of the marriage, the legitime is one-third instead of one-half. This does not apply if they had been living as husband and wife for more than five years (Article 900).
When does a spouse lose the right to inherit?
In a legal separation, the spouse who gave cause for the separation has no intestate share (Article 1002). For the legitime, Article 892 says that in a legal separation the surviving spouse may inherit if it was the deceased who gave cause. See Grounds for legal separation.
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Jose dies without a will. After the marital property is liquidated and debts are paid, his estate is ₱1,200,000. He leaves his wife Maria and three legitimate children. Under Article 996, Maria gets the same share as each child: four equal shares of ₱300,000.
Elena dies without a will and without children. Her estate is ₱800,000. She leaves her husband and her mother. Under Article 997, each gets ₱400,000.
Rosie dies without a will. She has no children and her parents died before her. She leaves her husband and three siblings. Under Article 1001, her husband takes one-half of the estate and the three siblings share the other half.
When do you need a lawyer?
Talk to a lawyer if the family cannot agree on the shares, if there are children from different relationships, if there is a will that seems to leave the spouse less than the legitime, or if the marital property has not yet been liquidated. These cases depend on facts that must be proved, such as filiation and which property belonged to the marriage.
If you cannot afford a lawyer, see Free legal help in the Philippines. To settle an estate without going to court, see Extrajudicial settlement of estate. For the whole topic, see Who inherits if there is no will? and the Article 996 page.
Which provisions does this answer rest on?
Frequently asked questions
How much does a wife inherit if her husband dies without a will?
It depends on who else survives. With legitimate children, she gets the same share as each child (Article 996 of the Civil Code). With his legitimate parents, she gets one-half (Article 997). With his brothers and sisters, also one-half (Article 1001). If no one else survives, she gets the whole estate (Article 995).
Is the spouse's half of the conjugal property part of the inheritance?
No. The marital property is liquidated first, and the surviving spouse keeps his or her own share of it. Only the deceased's share, after debts, forms the estate that the heirs divide.
Can a will leave nothing to the surviving spouse?
Not completely. The surviving spouse is a compulsory heir (Article 887), so a will must respect the spouse's legitime. For example, with two or more legitimate children the spouse's legitime equals the legitime of each child (Article 892).
Does the spouse get less if there are also illegitimate children?
With no will, if the spouse survives with both legitimate and illegitimate children, Article 999 gives the spouse the same share as a legitimate child. If the spouse survives with illegitimate children only, the spouse gets one-half (Article 998).
Do the siblings of the deceased inherit if there is a spouse?
Only if there are no children, parents or illegitimate children. Then Article 1001 gives one-half to the spouse and one-half to the brothers and sisters or their children. In Treyes v. Larlar (2020), the Supreme Court applied this rule.
Does a spouse who caused a legal separation inherit?
No intestate share. Article 1002 says the spouse who gave cause for the legal separation has none of these rights. The same rule appears for the legitime in Article 892.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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