SURVIVOR LEGITIME NOTES

LC ½ Divide by the # of LC, whether they survive alone or with concurring CH.
LAW ON WILLS AND SUCCESSION

CRUZ 1 LC ½ JOHN CHLOE D.

SS ¼
2016 2 02302
2 or more LC ½
A2 PROBATE (ALLOWANCE A3 ISSUANCE OFLETTERS A4 FILING AND APPROVAL OF CLAIMS A.5 PAYMENT OF DEBTS A6 DETERMINATION OF
SS equal to 1A1LCPRODUCTION OF WILL TESTAMENTARY/OF AGAINST ESTATE & NON-MONEY CLAIMS
A. TESTATE SUCCESSION OR DISALLOWANCE OF WILL) AND EXPENSES HEIRS AND DISTRIBUTION
ADMINISTRATION against the executor or administrator in OF ESTATE
LC ½ ordinary action
IC ½ of 1 LC
Point of Death of
Decedent
LC ½ All the concurring CH get from the half free portion, the share of B4
theFILING
SS having preference
OF PUBLIC over that of the
INSTRUMENT
B3 PUBLICATION B2 DIVISION OF ESTATE IN A
SS B. INTESTATE SUCCESSION ¼ B1 IC, whose share may suffer reduction pro rata because there is no with
EXTRA-JUDICIAL preference among
the Registry themselves.
of Deeds PUBLIC INSTRUMENT or
SETTLEMENT OF ESTATE
IC ½ of 1 LC Affidavit of Adjudication
TABLE

LPA ½ Whether they survive alone or with concurring CH. LEGITIME

Same procedure with testate succession.
LPA ½ IC succeed in the ¼ in equal shares.
-The estate or inheritance covered by will shall be guided by
IC C. MIXED SUCCESSION ¼ the rules on legitime.

LPA ½ - The estate or inheritance that was not disposed of by will

shall be distributed according to the rules on intestacy
SS ¼ provided that the distribution shall not prejudice the or
impair the legitime.
LPA ½
SS 1/8
IC ¼

IC ½ Divide equally among the IC.

SS 1/3
IC 1/3
 SURVIVOR INTESTATE SHARE
Any class alone Entire estate
1 LC 1/2

SS 1/2
2 or more LC Consider SS as 1 LC, then divide estate by total number.

SS
LPA 1/2

SS 1/2
LPA 1/2
TABLE INTESTATE SHARES
SS 1/4

IC 1/4
IP 1/2

SS 1/2

(The law is silent. Apply concurrence theory.)

SS 1/2

BS/NN 1/2
1 LC First, satisfy legitimes. Estate would be insufficient. Reduction must be made according to the
rules on legitimes. The legitimes of LCD and SS shall always be first satisfied in preference to
SS
the ICD.
IC
2 or more LC First, satisfy legitimes. There would be an excess in the estate. Distribute such excess in the
proportion 1:2:2, in accordance with the concurrence theory.
SS