Intestate Succession

Right to inherit by intestacy extends only to the 5th Degree of Collateral Relationship (Art. 1010,
NCC)
With respect to brothers and sisters, and nephews and nieces, they inherit in the ratio of 2:1 for
full-blood and half-blood, respectively. With respect to other collateral relatives, the full-blood
and half-blood relationship is not material.
Accretion in Intestacy
Right of Accretion: Accretion is a right by virtue of which, when two or more persons are called
to the same inheritance, devise or legacy, the part assigned to the one who renounces or
cannot receive his share, or who died before the testator, is added or incorporated to that of his
co-heirs, co-devisee, or co-legatee.
Rules
1. Accretion generally applies to testamentary succession.
2. Accretion also applies to intestate succession, but only when representation is not
otherwise applicable. (e.g., in case of repudiation or when there are no representatives)
3. Accretion does not apply to compulsory succession (legitimes)
Requisites
1. That two or more persons be called to the same inheritance, or to the same portion
thereof, pro indiviso; provided: A. 1017: The words one half for each or in equal shares
or any others which though designating an aliquot part, do not identify it by such
description as shall make each heir the exclusive owner of determinate property shall
not exclude the right of accretion.
2. That one of the persons thus called die before the testator or renounce the inheritance,
or be incapacitated to receive it. In other words, there is a vacant portion, provided, Art.
1018: In legal succession, the share of the person who repudiates the inheritance shall
always accrue to his co-heirs. (An heir who repudiates may not be represented)
Effects of Accretion
1. The heirs to whom the portion goes by the right of accretion take it in the same
proportion that they inherit.
2. The heirs to whom the inheritance accrues shall succeed to all the rights and obligations
which the heir who renounced or could not receive it would have had.
3. Accretion shall also take place among devisees, legatees and usufructuaries’ under
same conditions established for heirs.
No Accretion if:
1. In the legitime- only to the free portion when it is left to two or more of them, or to any
one of them and to a stranger. If part of the legitime is repudiated, the co-heirs will
succeed to it in their own right, not by accretion.
2. No accretion if there is a substitute.
3. No accretion if there is representation.
Effect if there is no accretion
- The vacant portion will be designated and passed in intestate succession.
Accretion in intestacy elements
1. There are several relatives of the same degree
2. One or some of them renounced or are incapacitated to succeed
3. Right of representation is inapplicable
No Accretion in intestacy
1. If there are several relatives of the same degree, and all of them are incapacitated to
succeed, their portions will be inherited by their representatives, if any, by right of
representation.
2. If there are several relatives of the same degree, and all of them are unwilling to
succeed, those of the following degree shall inherit in their own per capita.
Right of Representation (A. 970)
- A right created by fiction of law
Applies to the following:
a. Incapacity or unworthiness
b. Predecease
c. Disinheritance
- The representative is called to the succession by the law and not by the person
represented
- The representative does not succeed the person represented, by the one whom the
person represented would have succeeded.
- In order that representation may take place, it is necessary that the representative be
capable of succeeding the decedent
- A person may represent him whose inheritance he has renounced.
Rules on Representation
1. Direct Ascending Line
2. Collateral line only in favor of children of brothers or sisters
3. Heirs who repudiate their share may not be represented
4. Voluntary heirs cannot be represented
5. Legitimate children may not be represented by their illegitimate descendants
6. An adopted child can neither represent nor represented
Manner of Representation
1. Whenever there is succession by representation, the division of the estate shall be made
per stirpes, in such manner that the representative/s shall not inherit more than what
the person they represent would inherit, if he were living or could inherit.
2. When children of one or more brothers or sisters of the deceased survive-
If they survive with their uncles or aunts, they shall inherit from the deceased by
representation.
 If they alone survive, they shall inherit in equal portions (per capita), not by
representation.
Order of Intestate Succession (In General)
1. Legitimate Children and Descendants
2. Legitimate Parents and Ascendants
3. Illegitimate Children and Descendants
4. Surviving Spouse
5. Brothers, sisters, nephews and nieces
6. Other collateral relatives up to the 5th degree
7. State
Rule of Exclusion and Concurrence
1. Legitimate Succession
a. Exclude parents, collaterals and state
b. Concur with surviving spouse and illegitimate
c. Excluded by no one.
2. Illegitimate Children
a. Exclude illegitimate parents, collaterals and state
b. Concur with surviving spouse, legitimate children and illegitimate parents
c. Excluded by no one.
3. Legitimate Parents
a. Exclude collaterals and the state
b. Concur with illegitimate children and surviving spouse
c. Excluded by legitimate children
4. Illegitimate Parents
a. Exclude collaterals and state
b. Concur with surviving spouse
c. Excluded by children
5. Surviving Spouse
a. Excludes collaterals other than brothers sisters nephews nieces and state
b. Concurs with L Children, Illegitimate Children, Legitimate Parents, I Parents, brothers
sisters nephews and nieces
c. Excluded by no one
6. Brothers, sisters, nephews and nieces
a. Exclude all other collaterals and state
b. Concurs with
c. Excluded by
7. Other Collaterals
a. Exclude collaterals of more remote degree and the state
b. Concur with collaterals of the same degree
c. Excluded by legitimate children, illegitimate children, legitimate parents, illegitimate
parents, surviving spouse, brother/sisters/nephews/nieces.
8. State
a. Excludes no one
b. Concurs with no one
c. Excluded by everyone
The State as an Heir
- In default of persons entitled to succeed in accordance with the provisions, the State
shall inherit the whole estate
- In order that the State may take possession of the property, the pertinent provisions of
the Rules of Court on Escheat of Property must be observed.
After the payment of debts and charges, the estate shall be distributed as follows:
1. Personal Properties shall be assigned to the municipality or city where the deceased last
resided in the Philippines.
2. The real estate to the municipalities or cities, in which the same is situated.
3. If the deceased never resided in the PH, the whole estate shall be assigned to the
respective municipalities or cities where it is located.
- The estate shall be for the benefit of public schools, and public charitable institutions and
centers.
- Reversion of the Estate by a claiming heir must be filed within 5 years.