Disclaimer: This article is not intended to provide any legal advice. If you need legal advice, consult with a legal professional such as a lawyer licensed to practice in your jurisdiction.
Introduction: What is a Will, Why is it Important to Write One and Who Should You Leave Your Estate To?
A will is a legal document that controls how your property will be distributed after your death. It also names an executor (also called an administrator or trustee), who will be in charge of carrying out the instructions in the will.
A will can help you avoid costly and time-consuming court battles by specifying who gets what, as well as how to distribute your assets or other valuable items.
If you die without a will, your assets will be governed by the law of intestate succession. This means that the assets will be transferred according to the applicable law at the time of your death which may not necessarily be in line with your wishes.
What is an Extrajudicial Settlement of Estate? Is it an Alternative to a Will in the Philippines?
An Extrajudicial Settlement of Estate is a legal process involving surviving heirs of a deceased person to distribute the deceased person’s property. The surviving heirs of the deceased will sign a document called “Deed of Extrajudicial Settlement of Estate”.
Executing one’s last will is not a common practice in the Philippines. Most people in the Philippines die without a will. An Extrajudicial Settlement of Estate is the legal process available for the heirs and beneficiaries to manage and distribute the properties left behind by the deceased. This process does not involve the court (extrajudicial means “out-of-court”). It is essential, however, that all heirs agree on the distribution of assets and sign the deed of extrajudicial settlement in front of a notary public. If the heirs cannot agree, then going to court will be the last option.
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What are the Requirements for an Extrajudicial Settlement of Estate?
- Decedent left no will and no debts.
- The heirs are all of age, or the minors are represented by their judicial or legal representatives duly authorized for the purpose.
- The Extrajudicial Settlement of Estate is made in a public instrument (notarized).
- The fact of extrajudicial settlement is published in a newspaper of general circulation (note that the extrajudicial settlement is not binding upon any person who has not participated therein or had no notice thereof).
- A bond is filed with the Register of Deeds.
What Other Documents Do You Need if You Live Abroad?
If you do not intend to travel and personally process the distribution or transfer of assets in the Philippines by yourself, consider executing a “Special Power of Attorney”. Better known as “SPA”, a Special Power of Attorney is a legal document that authorizes someone to act on your behalf. An SPA is usually required in formal settings such as when dealing with a government office.
Also, consider having your SPA authenticated (colloquially known as “consularized” or “red ribbon”) if you live outside the Philippines. This process ensures that your document which was executed abroad is valid for use in the Philippines.
What are the Benefits of Obtaining Legal Counsel in the Philippines?
The Philippines is a country with a rich and diverse legal system influenced by the old Spanish Civil Code and the United States Code. In other words, the Philippine legal system is complex.
Obtaining legal counsel is recommended and can be especially important if you are living abroad or if your country has different laws than where you currently live.
Seeking out the services of a professional that specializes in law so that they can offer you their opinion on your current situation and help you make informed decisions about what to do next.
Conclusion: Proper Estate Planning Enables a Successful Property Succession
An Extrajudicial Settlement of Estate is just one among many ways to transfer the ownership of assets in an estate to the heirs or beneficiaries. It is usually completed after someone dies. It avoids costly litigation for as long as all the beneficiaries agree.
Since an Extrajudicial Settlement of Estate is a legally binding document which needs to be signed before a notary public, it is best to have one prepared by a competent legal professional such as our lawyers here at JCA LAW Office. Give us a call at 1-855-522-5290 during office hours or send us a direct message on our Facebook or Instagram Page. You may also directly send us your inquiries via our webform.
In case one of the beneficiaries is an Estate of another heir, who could sign for it in the Deed?
Hi Alicia,
We need more information on your inquiry. Please check via email message we have sent you.
Who are included in the extra judicial settlement of state?
My sisters and I are the only living survivors living in USA.
Nieces and nephews wants to be a part of the state.
How does it work?
My email: isabelitarubio.1952@gmail.com.
Hoping for response.
Thank you
In general, surviving heirs usually are the spouse and children.
Other family members may be entitled to the estate depending on the circumstances.
Please check our email message you so we can better assist you. Thank you.
hello.my father and his younger brother died with contested last will but we won in court as surviving heirs. Yet, we cannot execute extrajudicial settlement with other heirs saying boundaries are not yet final and the title of the estate are in the name of their grandparents yet.How can we proceed to claim our property share? Shall I give SPA to a lawyer to represent me for extrajudicial settlement ? Coz my mother is eager to sell our share already but the other heirs threatened our buyers that they will disturb the buyer that will occupy the property.
can you sell a state of property without extra judicial settlement sign by members of living heirs…6 siblings, if one will not sign , can they still sell the properties?
Hello Onassis. In general, uncooperative heirs can be obliged to attend to the partition through court intervention. Please check your email and hopefully, we can assist you. Thank you.
Kindly advise tru tscorral@yahoo.com in case one of the married owner dies left the husband but doc land title still bear the name of the deceased spouse . How can this be changed .thank u so much
Hi Maria Theresa,
We’ve sent you an e-mail for your inquiries, kindly check.
Thank you.
Same question as this. My wife already passed away and her name is on the TCT of our house. How to go about transferring the property either to me or to my children already.
Hello Dayton, we need more information from you so we can properly address your inquiry. Please check your email. Thank you.
Hi! I would like to ask po what to do when the sibling who is entrusted with the claims (cash) refuses to give the portion thereof to all the other siblings? They’re done with extrajudicial settlement po. Thank you!
Hi Oni,
Thank you for getting in touch with JCA LAW. We’ll send you the details via e-mail.
How much do have a extrajudicial settlement cost? what other documents needed to have the lot to be transferred to the heirs? How long? Do we have to be in the Philippines to have this thing done or we can appoint one person to represent us?
Hello Ollie, we need more information from you. Please check your email.
My mother died 3 years ahead of my father. Until now, we still have to execute extra judicial settlement. Can we execute 2 extra judicial settlement in one document? Thank you.
Hi Mena,
Thank you for getting in touch with JCA LAW. We’ll send you the details via e-mail.
Hi, if the extrajudicial was sign without the presence of a lawyer to notarise, can this be challenged. Is the bond a requirement? Thank you.
Hello Edwin. In general, the party signing a document for notary must be in the presence of the notary public (lawyer) at the time of signing.
My dad died in 2000, and our property was not properly transferred to my mom, me, my sister and brother. If I do an Deed of Extra-Judicial Partition, would there be penalties? How much do I pay to employ your services?
Hello, we sent you an email with information. Thank you.
Hi! My uncle passed away intestate. I’m starting the process of EJS so that we can rightfully divide and dispose of all his properties. He had a son but he died as well. There are 8 families less 1 who died without any heirs. So we’re preparing the paperwork but one cousin is just obstinate. He stated that he doesn’t want to be involved and he will either (a) waive his rights or (b) waive his rights but he will name someone of his own choosing. To me both an and b are already expressed waivers especially when he doesn’t want to be involved. What’s the best solution?
Hi Ifor,
Our Legal team will be getting in touch with you and will send you an email for details.
Thank you.
Title owners are my dad and spouse and 2 siblings of my father and their spouse. My dad is the only deceased among the title owners. Heirs are just me(only child) and mom(who’s also in the title)
Whose names and signature will be on the ejs? The title owners or me and my mom only?
Hi Belle,
Thank you for your inquiry. We have sent you an e-mail.
What if there’s still one person alive in the said Title and the others are now deceased. Does she have the power to control over the said property on how she can divide it to her siblings?
Hello Lena. In general, a registered owner has all the rights to the property.
My siblings and I are named in the title of the land that belonged to our parents. My sibling will gift their shares to me. Are they each entitled to the P250K exemption of is the exemption based on the total FMV of the land?
How much is the cost of Notarial Fee for Extra Judicial Settlement? 1 title only located at Binangonan, Rizal (500 sq.m.)
Hello Zina, we need more information from you for us to provide accurate information. Please refer to your email.
does extrajudicial settlement includes all the properties? can it be done partially like on a piece of land first, so that it could be sold?
Hello Doris, EJS covers the entire estate. We hope to assist you better. Kindly check the email we sent you.
Widow sister died with no children, who will be the heir? She has siblings elder brother died on 2004 his wife is still alive, Only 1 sibling is alive.
Kindly respond on my question. This case is in the Philippines
Thank you in advance.
Hello Janett, in general, the surviving heir/s of an unmarried deceased person is the parents and/or siblings, in proper succession. For us to assist you better, please check your email. Thank you.
Do I need to include my spouse in executing an SPA for the extrajudicial settlement of estate? i
I live abroad. I would like to name my mother as my SPA for my deceased fathers extrajudicial estate settlement (her husbands estate)
Hello Millet. In general, spouses sign off for marital consent. We will send you an email so we can further assist you.