Who Are Compulsory Heirs in the Philippines? Classes, Proof, and Next Steps

Who are compulsory heirs in the Philippines? They are family members for whom the Civil Code reserves a part of a deceased person’s estate called the legitime. The main classes are children or other descendants, parents or other ascendants in the circumstances specified by law, and a surviving legal spouse, subject to any final legal-separation decree. A child born outside marriage must not be left off the list merely because the parents did not marry. The result depends on established relationships, who survived the deceased, a valid will, and the property that actually belongs to the estate. A final legal-separation decree disqualifies the offending spouse from inheriting from the innocent spouse by intestacy and revokes will provisions in the offending spouse’s favor; check which spouse gave cause before assuming an inheritance right. Family Code, Article 63(4); Civil Code, Article 892. Civil Code, Articles 777 and 886–887; Family Code, Article 176.

Key takeaways

• Compulsory heir is a legal category. It identifies someone whose legitime is protected; it does not, by itself, tell you the final peso amount or who receives a particular house. Civil Code, Articles 886–887 and 904–909.
• Proof of relationship matters. A surname, family account or informal agreement may not settle marriage, filiation or adoption. Family Code, Articles 172–176.
• Do not confuse the legitime with intestate shares. A valid will is subject to the reserved portion; when there is no effective will, statutory succession rules identify heirs and shares. Civil Code, Articles 886, 960 and 978–1002.
• Ownership comes before allocation. A surviving spouse’s own share in marital property is distinct from an inheritance share. Family Code, Articles 102–103 and 129–130.

Which relatives are compulsory heirs?

Use this as a screening table, not a final distribution. The Civil Code lists classes of compulsory heirs; the Family Code governs important child-status questions. Which classes receive a reserved portion depends on the people who survived the deceased and the rules for that combination. Civil Code, Articles 887–906; Family Code, Articles 172–176.

Possible heir	What to check	Why the answer can change
Legitimate children and their descendants	Birth and parentage records; whether a child predeceased the parent and left descendants.	Legitimate descendants are a primary compulsory-heir class. Representation and the mix of other heirs can affect the result. Civil Code, Articles 887–888 and 970–982.
Children born outside marriage	Proof of filiation, such as the records recognized by Family Code Articles 172 and 175; any court decision if status is disputed.	They may be compulsory heirs. Family Code Article 176 provides that an illegitimate child’s legitime is one-half of a legitimate child’s legitime. The final estate fractions still depend on all surviving heirs and applicable rules. Family Code, Articles 172, 175–176.
Legitimate parents or other ascendants	Records proving the parent-child line and whether legitimate descendants survived.	They are called as compulsory heirs in default of legitimate children or descendants. Do not assume that every parent receives the same fraction in every family combination. Civil Code, Articles 887 and 889–891.
Surviving legal spouse	PSA marriage record, any final judgment affecting marital status, and the date of death.	The spouse’s protected share varies with the other heirs and legal status at death. If a final legal-separation decree applied, Family Code Article 63(4) disqualifies the offending spouse from inheriting from the innocent spouse by intestacy and revokes will provisions in the offending spouse’s favor; Civil Code Article 892 addresses when a legally separated surviving spouse may inherit. Check the decree and which spouse gave cause. Marital-property ownership must be worked out separately. Civil Code, Articles 887 and 892–900; Family Code, Articles 102–103 and 129–130.
Adopted child	Adoption decree or order and the corresponding civil-registry record; the law and date governing adoption.	A valid adoption changes legal parent-child status. Have the adoption record and applicable succession effects checked rather than relying on the birth certificate alone. Republic Act No. 11642.

Who is outside this reserved-share list? A sibling, niece, nephew or live-in partner is not made a compulsory heir merely by that relationship. Some relatives can still inherit under intestacy, and a person may receive property under a valid will within the disposable portion. A live-in partner may also have a separate ownership claim; that is not the same as a spouse’s legitime. Civil Code, Articles 887, 960–961 and 1001–1010; live-in partner guide.

One more parent-child case: The Civil Code also addresses a father or mother inheriting from a child born outside marriage. Article 887’s final paragraph and Article 903 set conditions for that parent’s legitime. A parent should not be omitted solely because the child was born outside marriage. The result depends on the child’s other surviving heirs and established filiation. Civil Code, Articles 887 and 903.

Three situations to test before calculating a share

1. A will leaves everything to a friend, but a child survives. First establish the child’s status and the net estate. A valid will cannot simply erase a compulsory heir’s legitime; ask a succession lawyer to compare the will and the protected portion. A claimed disinheritance needs its own legal review. Civil Code, Articles 886–887, 904 and 915–922.
2. Two legitimate children survive; no spouse or other child is identified. If a valid will applies and the stated assumptions hold, Civil Code Article 888 reserves one-half of the hereditary estate collectively for legitimate children and descendants, divided according to the applicable rules. If there is no effective will, do not apply the reserved-half figure as the whole intestate distribution; the statutory intestacy rules govern. Check debts, donations and property ownership first. Civil Code, Articles 888, 908–909 and 978–979.
3. A child born outside marriage is missing from the family’s list. Do not sign a settlement excluding that child on an assumption about the parents’ marital status. Check filiation records. Article 176 protects the child’s legitime, while the full calculation must account for the other heirs and the net estate. Family Code, Articles 172 and 175–176.

These are hypothetical screening examples. They do not decide a particular person’s entitlement. For a broader estate overview, use who inherits and what to do first.

What records show who may inherit?

Record	What it helps establish	Where to start
Death certificate	Death date and identity; succession rights arise at death under Civil Code Article 777.	Request the registered record through the PSA or local civil registrar; check any name or date mismatch.
Birth and filiation records	Parent-child relationship and possible descendants; an acknowledgment or judgment may be material.	PSA or local civil registrar for civil records; preserve original acknowledgments and court orders. If disputed, seek legal advice on the Family Code’s proof routes. Articles 172–175.
Marriage record and final judgments	Whether a claimant was the legal spouse at death and whether a marriage judgment changes the analysis.	PSA and local civil registrar; obtain certified court decision and entry of judgment where relevant.
Adoption record	Legal parent-child status after adoption.	Keep the adoption order and amended civil record; ask the issuing authority what certified copy may be released.
Will, titles, accounts and debts	Whether a will exists and what assets and liabilities belong to the estate.	Preserve originals, list custodians and request records lawfully. A title in one name does not by itself settle marital-property ownership.

This is a preparation list, not a claim that every office asks for every document. If a record conflicts with another, identify the exact mismatch before anyone signs a partition or transfer deed.

What should the family do next?

1. List every potential heir. Include children from all relationships, a surviving spouse, parents and descendants of a predeceased child. Write down the source of each relationship claim and any unresolved dispute. For a surviving spouse, obtain any final legal-separation decree and check which spouse gave cause.
2. Work out the estate first. Separate property the deceased owned from a surviving spouse’s own marital-property share, co-owned assets, and liabilities. Do not promise a particular house before ownership and debts are checked. Family Code, Articles 102–103 and 129–130.
3. Preserve the will and choose a settlement route. Have a Philippine succession lawyer assess a will, disputed heir, contested asset or missing document. Rule 74 permits an extrajudicial settlement only when its conditions are met: the deceased left no will and no debts, the heirs are all of age or minors are represented by authorized representatives, the division is made in a public instrument filed with the register of deeds, a bond is filed where the rule requires it, and the settlement is published in a newspaper of general circulation. It is not a shortcut around a dispute. Supreme Court discussion of Rule 74.
4. If heirs disagree or a will exists, use the court route. No will passes property unless it is proved and allowed in court (Civil Code, Article 838), and a disputed heir or asset is resolved through judicial settlement or partition, not by a private deed. If you cannot afford a lawyer, ask the Public Attorney’s Office (PAO) whether you qualify for free assistance; otherwise consult a Philippine succession lawyer. Bring the records listed above.
5. Check tax and transfer requirements. Ask the BIR about the estate-tax return and evidence required for transfer, then ask the relevant register of deeds or other registry about its process. BIR Form 1801 guidance.

For the wider sequence from death record to settlement, see the inheritance starting guide. For a short definition of legal terms, see the family-law glossary.

Frequently asked questions

Are siblings compulsory heirs in the Philippines?

No. The Civil Code’s compulsory-heir list does not include siblings. Siblings can be called under intestacy in the circumstances the law provides, or may receive a valid testamentary gift from the disposable portion. Civil Code, Articles 887 and 1003–1010.

Does a child born outside marriage have a legitime?

Yes, when the legally required parent-child relationship is established. Family Code Article 176 sets the illegitimate child’s legitime at one-half that of a legitimate child. That ratio alone does not calculate the final distribution of an estate. Family Code, Articles 172 and 175–176.

Can a will leave the whole estate to one person?

Only if doing so does not invade a compulsory heir’s protected legitime and the will otherwise satisfies the law. Check the surviving heirs, net estate, donations and any asserted disinheritance before concluding the gift is effective. Civil Code, Articles 886–887, 904 and 915–922.

Is a surviving spouse’s marital-property share part of the legitime?

No. The spouse’s own property is identified through the applicable property regime before the deceased’s estate is divided. Any inheritance from the deceased is a separate question. If there was a final legal-separation decree, check its findings and the spouse succession limits under Family Code Article 63(4) and Civil Code Article 892 before assuming an inheritance share. Family Code, Articles 102–103 and 129–130.

Sources and legal citations

• Republic Act No. 386, Civil Code — Articles 777, 838, 886–911, 915–922, 960–961 and 970–1010.
• Executive Order No. 209, Family Code — Articles 102–103, 129–130 and 172–176.
• Republic Act No. 11642, Domestic Administrative Adoption and Alternative Child Care Act — adoption-status context.
• Supreme Court, G.R. No. 191867 (2021) — Rule 74 settlement conditions and notice.
• BIR Form 1801 guidelines — estate-tax route.

Sources rechecked as of: October 23, 2026.

This guide provides general Philippine legal information, not advice about a particular estate. A qualified Philippine lawyer can assess the records, applicable law and settlement route.