Navigating the Process of Estate Settlement in the Philippines

Dealing with the properties left by a decedent in the Philippines can be a daunting task. However, the law provides streamlined ways to transfer titles without going to court, provided there is no will and no outstanding debts. This article explores the importance of the deed of adjudication, the deed of sole adjudication, and the affidavit of heirs philippines.
Defining the Deed of Adjudication

The extrajudicial settlement of estate is a legal document where the heirs of a deceased person partition the properties left behind. Under Philippine law, heirs can transfer ownership privately if the decedent left no will and no debts.

When there are multiple heirs, they must all concur on how the assets—such as land, bank accounts, or vehicles—will be partitioned. This document is essential for the Register of Deeds to cancel the old title and issue a new one in the names of the heirs.
When There is Only One Heir

If the deceased is survived by only one legal heir, a deed of sole adjudication is used instead of a collective settlement.

Ease of Process: Since there are no other heirs to consult, the process is more straightforward.

Legal Requirement: The sole heir executes an affidavit stating that they are the only surviving successor and claims affidavit of heirs philippines the entire estate to themselves.

Regardless of whether you use a deed of sole adjudication or a multi-heir deed, the document must be signed before a notary deed of adjudication public and published in a newspaper of general circulation for three consecutive weeks to inform any potential creditors.

Identifying deed of adjudication the Rightful Successors

Before the transfer can be finalized, the parties must prove their relationship to the deceased. This is where an affidavit of heirs philippines becomes indispensable.

The affidavit serves as a sworn testimony identifying all the legal heirs, such as the surviving spouse, legitimate children, or parents. It typically includes:

The timing and location of the decedent's death.

A declaration that the deceased died intestate (without a will).

A list of the names and relationships of all surviving heirs.

Step-by-Step Process

To properly use these documents, heirs must adhere to these steps:

Preparation: Draft the deed of adjudication or deed of sole adjudication and the affidavit of heirs philippines.

Legalization: Have the documents officially sworn.

Tax Compliance: File the Estate Tax Return with the Bureau of Internal Revenue (BIR). Keep in mind you must obtain affidavit of heirs philippines a Certificate Authorizing Registration (CAR).

Publication: Publish the notice of settlement in a local newspaper.

Transfer of Title: Submit the CAR, the deed, and the proof of publication to the Register of Deeds to update the title.

Summary

Handling the deed of adjudication and ensuring you have a correct affidavit of heirs philippines is vital for protecting your inheritance. By choosing these extrajudicial methods, Filipino families can bypass the high costs and long wait times associated with court-litigated settlements. Consulting with a legal deed of adjudication professional is always suggested to ensure all requirements are met correctly.