Short answer. The law supplies the heirs. Article 961 vests the inheritance in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and — only where no one else qualifies — in the State. Which of them actually take, and in what order, depends on who survived him.
What the law says
In default of testamentary heirs, the law vests the inheritance, in accordance with the rules hereinafter set forth, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and in the State.
Civil Code, Article 961 — Who the Law Calls. Read the full provision →
When the law takes over the drafting
Article 961 provides: In default of testamentary heirs, the law vests the inheritance, in accordance with the rules hereinafter set forth, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and in the State. Article 960 sets out when this happens — where a person dies without a will, with a void will, or with one that has since lost its validity, and also where a will fails to institute an heir to all the property, in which case intestacy covers only the undisposed part. A partly effective will is common, and it produces a partly intestate estate.
The nearest relative shuts out the rest
Intestacy is not a division among everyone related to your father. Article 962 states the governing principle: in every inheritance the relative nearest in degree excludes the more distant ones, saving the right of representation where it properly applies, and relatives in the same degree inherit in equal shares. Article 963 explains how nearness is measured — proximity is determined by the number of generations, each generation forming a degree. So where children survive, siblings, nephews, uncles and cousins take nothing, however close they were to him in life.
Children come first
Article 978 places succession, in the first place, in the descending direct line. Article 979 provides that legitimate children and their descendants succeed the parents without distinction as to sex or age, and even if they come from different marriages, and that an adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. Article 980 has the children inherit in their own right, dividing the inheritance in equal shares. Where a child of your father died before him, Article 981 lets that child's own descendants take by right of representation.
The spouse concurs, and the State is a last resort
The surviving spouse is named in Article 961 alongside the relatives, which is the drafting clue that she takes with them rather than after them. Where legitimate children survive, Article 996 gives the spouse the same share as each of the children. Illegitimate children are also called by the law and inherit from their father, which changes what every share is worth. The State appears only when no relative and no spouse qualifies. To work out your own position, assemble the death certificate, the marriage certificate, the birth certificates of every child, and an inventory of the property before anyone computes a fraction.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Luz Delos Santos vs. Demy Alma M. Delos Santos, et al, G.R. No. 258887, July 31, 2023 — read the decision on LawPhil →
- The Heirs of Marcelino Doronio, et al. vs. Heirs of Doronio, et al, G.R. No. 169454, December 27, 2007 — read the decision on LawPhil →
Related provisions
- Civil Code, Article 961 — Who the Law Calls
- Civil Code, Article 960 — When Intestate Succession Applies
- Civil Code, Article 962 — The Nearest Relative Excludes the More Distant
- Civil Code, Article 978 — Descendants Come First
- Civil Code, Article 980 — Children Inherit in Their Own Right
- Civil Code, Article 996 — Spouse Takes a Child's Share