Who are intestate heirs?

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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

 

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AT A GLANCE:

Legal or Intestate Succession, also called Intestacy, is a mode of succession which generally takes place when a person (“decedent”) dies without a will. Under this mode, it is the law which will dictate the proper distribution of the decedent’s whole estate. Heirs who inherit under legal or intestate succession are called “intestate heirs.”

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Legal or Intestate Succession, also called Intestacy, is a mode of succession which generally takes place when a person (“decedent”) dies without a will. Under this mode, it is the law which will dictate the proper distribution of the decedent’s whole estate. Heirs who inherit under legal or intestate succession are called “intestate heirs.”

 

What causes legal or intestate succession?

Legal or intestate succession will proceed in any of the following instances:

1. If a person dies:
   1. without a will, 
   2. or with a void will, or 
   3. with a will which has lost its validity; 
2. When a will does not institute or name an heir; 
3. When a will does not dispose or distribute all the property of the deceased – although in this case, legal succession shall only apply to the portions of the estate which have not been distributed; 
4. If the suspensive condition attached to the institution or naming of an heir does not happen or is not fulfilled, or the heir dies before the person who made the will, and the heir was not substituted, and no right of accretion takes place; or
5. When the heir instituted or named is incapable of succeeding, except in cases provided under the Civil Code. (Art. 960, New Civil Code)

 

Who inherits under intestate succession?

The law generally bestows inheritance upon the legitimate and illegitimate relatives of the deceased, the surviving spouse, and the State (Art. 961, New Civil Code). 

 

What are some basic rules in determining who is an intestate heir?

1. Rule of Preference Between Lines. One of the most important rules in intestate succession is that those heirs who are direct descendants shall be preferred over direct ascendants and collateral relatives. But, absent any direct descendants, direct ascendants shall be preferred over collateral relatives of the decedent (Arts. 961, 978, 985, 998, 995, 1003, and 1011 of the Civil Code). 

Direct descendants are the decedent’s children, grandchildren, or great-grandchildren, so on and so forth. Meanwhile, direct ascendants are the parents, grandparents, or great-grandparents, so on and so forth. Collateral relatives are relatives who are not descendants or ascendants of the decedent, but who share a common ancestor with the decedent – such as the decedent’s brothers or sisters, nephews or nieces, or cousins.

For example: Cardo’s only living relatives are his father, Fernando; his brother, Poe; and his son, Junior. If Cardo dies without a will, his son and direct descendant, Junior, shall inherit his estate. 

 

2. Rule of Proximity. The relative nearest in degree excludes the more distant relatives, unless representation properly takes place (Art. 962, par. 1, New Civil Code).

For example: Simon’s only living relatives are his third-degree nephew, Ibarra, and his fourth-degree cousin, Juan. If Simon dies without a will, only his nephew Ibarra shall inherit his estate, as Ibarra is Simon’s closest relative.

 

3. Iron Curtain Rule. The illegitimate family generally cannot inherit by intestate succession from the legitimate family, and vice-verse (Art. 992, New Civil Code). However, in the recent case of Aquino v. Aquino (G.R. No. 208912, December 7, 2021), the Supreme Court ruled that children – whether legitimate or illegitimate – can inherit from their direct ascendants through the right of representation.

For example: Damaso is the legitimate son of Tio. Meanwhile, Maria is the illegitimate daughter of Damaso. Damaso died in 2000, predeceasing his father Tio who died in 2010. Based on the aforesaid case of Aquino v. Aquino, Maria can now inherit from her grandfather Tio, by representing her father Damaso.

 

4. Rule of Equal Division. Generally, relatives who are in the same degree shall inherit in equal shares (Arts. 962(2), 987, and 1006, New Civil Code). 

Exceptions to this rule are as follows:

1. The shares of illegitimate heirs are only half the shares of legitimate heirs (Art. 983, in relation to Art. 895, Civil Code as amended by Art. 176, Family Code);
2. If the decedent is survived by 2 grandparents, one on his father’s side and one on his mother’s side – 1/2 of the inheritance is distributed to the paternal grandparent, and the other 1/2 distributed to the maternal grandparent (Art. 987 (2), Civil Code);
3. Brothers and sisters of the full blood are entitled to double the share of brothers and sisters of the half blood (Art. 1006, Civil Code);
4. Rule of preference between lines.

 

Who is prioritized when distributing the estate?

The law prioritizes certain heirs over others, and provides an “order of preference” when distributing the estate. Generally, this order depends on whether the decedent is a legitimate person or an illegitimate person (Jurado, Comments and Jurisprudence On Succession, 401). 

If the decedent is a legitimate person, the “regular order” of intestate succession applies. When the decedent is an illegitimate person, the “irregular order” applies.

According to the case of Manuel v. Ferrer (G.R. No. 117246, 21 August 1995), the regular order of preference or priority is as follows:

1. Legitimate children or descendants; 
2. Legitimate parents of ascendants;
3. Illegitimate children or descendants;
4. Surviving spouse;
5. Brothers and sisters, nephews and nieces;
6. Other collateral relatives within the fifth (5th) degree; and lastly,
7. The State.

Meanwhile, the irregular order of preference or priority is as follows:

1. Legitimate children or descendants;
2. Illegitimate children or descendants;
3. Illegitimate parents;
4. Surviving spouse;
5. Brothers and sisters, nephews and nieces; and lastly,
6. The State.

 

What about compulsory heirs?

Even when there is an order of preference under intestate succession, compulsory heirs are never excluded since they have an absolute right to inherit specific portions of the decedent’s estate under the law.

Compulsory heirs inherit even if this is against the wishes of the decedent who made a will excluding them from the inheritance. However, once all the shares of the compulsory heirs have been allocated, the rules and order in intestate succession shall apply to the portions of the estate which remain undistributed. Moreover, if a compulsory heir is also an intestate heir, then he shall receive not only his compulsory share, but also his share under intestate succession.

 

RELATED ARTICLES:

Frequently Asked Questions on Wills, Succession and Inheritance

WHAT IS LEGAL SUCCESSION? – ALBURO LAW 

 

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