Section
Heirs fall into three categories: those entitled to fixed shares, the residuaries, and the uterine relatives ⦗1⦘.
The fixed shares determined by the Law are six: one-half, one-quarter, one-eighth, two-thirds, one-third, and one-sixth.
Those who receive these shares, in brief, are ten: the two spouses; the two parents; the grandfather; any grandmother; any sister; the daughter; the son’s daughter; and the uterine brother.
One-half is allotted to five:
- the husband, when the deceased wife has left no inheriting descendant;
- the daughter;
- the son’s daughter, when there are no direct children;
- the full sister, when no inheriting descendant exists; and
- the consanguine sister (sister through the father) in the absence of full brothers.
One-quarter is allotted to two: the husband when the deceased leaves inheriting descendants, and the wife—or wives collectively—when no such descendant exists.
One-eighth is allotted to a single category: the wife, whether one or more collectively, when the deceased leaves inheriting descendants.