Intestate Succession Key Terms

Intestate Succession
The process of distributing the deceased’s estate according to statutory rules when they die without a valid will (implied in Section 2, Art. 842–856).

First Relationship
The initial tier of intestate heirs, consisting of the deceased’s children, who inherit equal portions, with descendants representing any predeceased child (Art. 842).

Equal Portion
The principle that each child of the deceased in the first relationship receives an identical share of the succession (Art. 842(2)).

Second Relationship
The tier of intestate heirs called when no descendants survive, consisting of the deceased’s father and mother, each receiving half (a moiety) of the inheritance (Art. 843, 844(1)).

Moiety
Half of the inheritance, used to describe the equal division between parents or between paternal and maternal lines (Art. 844(1), 845(2), 848(1)).

Third Relationship
The tier of intestate heirs called when no descendants or parents (or their descendants) survive, consisting of the deceased’s grandparents, with paternal and maternal lines each entitled to a moiety (Art. 845).

Fourth Relationship
The tier of intestate heirs called when no heirs of the third relationship exist, consisting of the deceased’s great-grandparents, with paternal and maternal lines each receiving a moiety and surviving great-grandparents or their descendants sharing equally within their line (Art. 847, 848).

Representation
A mechanism where descendants inherit in place of a predeceased heir, dividing the estate “per stirpes” (by branch) rather than per capita (Art. 842(3), 844(2), 853).

Per Stirpes
A method of partitioning an estate where descendants of a predeceased heir take their ancestor’s share collectively, preserving the lineage’s portion (Art. 853(1)).

Paterna Paternis Maternal Maternis
A rule preventing immovable property inherited or donated from the paternal line from passing fully to the maternal line (and vice versa), applicable up to the second degree (grandparents), unless only one line has heirs (Art. 849, 851).

Immovable Property
Real estate that, under the “paterna paternis maternal maternis” rule, retains its origin-based lineage restriction in intestate succession (Art. 849).

Usufruct
A limited right to use and enjoy immovable property granted to an heir when full ownership is barred by the “paterna paternis maternal maternis” rule, without compensation for the restriction (Art. 850).

Devolution upon Another Line
The transfer of an inheritance portion to surviving heirs within the same paternal or maternal line when a grandparent or great-grandparent dies without descendants, or to the other line if one line lacks heirs entirely (Art. 846, 848(1)).

Devolution upon the State
The transfer of the deceased’s entire inheritance to the state when no relatives in any relationship tier survive (Art. 852).

Renunciation to a Succession
An heir’s voluntary rejection of their inheritance, which prevents their descendants from representing them, though the renouncing heir can still be represented if predeceased (Art. 854).

Unworthiness
A condition disqualifying an heir from succeeding (as defined in Art. 838–840), preventing their descendants from representing them in the succession (Art. 855).

Bond of Legal Relationship
The necessary familial connection required for representation, barring unrelated persons from claiming inheritance rights through representation (Art. 856).

Paternal Line
The lineage traced through the deceased’s father, grandfather, or great-grandfather, determining inheritance rights and property restrictions (Art. 845(2), 848(1), 849).

Maternal Line
The lineage traced through the deceased’s mother, grandmother, or great-grandmother, determining inheritance rights and property restrictions (Art. 845(2), 848(1), 849).

Descendants
The offspring (children, grandchildren, etc.) of an heir who may represent their predeceased ancestor in the succession (Art. 842(3), 844(2), 853).