Book III of the Civil Code (Law on Succession)
On the assumption that you don’t have debt, the government will not get your estate if you have legal heirs.
If you die and you have a last will and testament, a “testamentary succession” will happen.
But the testament has to be intrinsically and extrinsically valid.
Requirements for intrinsic validity
- There has to be no heir deprived of their legitime unless there is a valid reason and the deprivation was done in the will.
Requirements for extrinsic validity
- Follows format prescribed by law.
- Holographic will: Must be entirely hand-written.
- Notarial will: Many formats.
If a person dies without a last will and testament, an intestate succession happens. An intestate succession also happens if the court invalidates a person’s last will and testament.
An intestate succession is done by following the Civil Code.
- Legal heirs could decide whether to settle the estate judicially or extrajudicially.
- If the dead didn’t leave any debt unsettled, extrajudicial settlement is better.
- If there is one heir, execute Affidavit of Self-adjudication.
Who are the legal heirs?
- descending direct line: children, other direct descendants
- (if no descendants) ascending direct line: parents, grandparents
- (if no legitimate children) illegitimate children; legitimate children and illegitimate children can co-inherit; can co-inherit with legitimate children
- spouse: can coinherit with legitimate children or ilegitimate children
- collateral relatives up to 5th degree of consanguinity (brothers and sisters; nephews and nieces)
State only steps in if there are no legal heirs.
References
Your_Lawyer (Director). (2022, December 17). LAST WILL & TESTAMENT | WHEN YOU DON’T NEED IT AT ALL. https://www.youtube.com/watch?v=wNgog812aV0