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For extrajudicial settlement of estate, the following documents must be submitted with the BIR: Notice of Death. Certified true copy of the Death Certificate. Deed of Extra-Judicial Settlement of the Estate. Certified true copy of the land titles involved.
Legitimate offspring are entitled to a share of the estate, which must be shared equally among them. The other half of the estate is known as the free portion. If there is just one legitimate child, the surviving husband is entitled to one-fourth of the estate.
Under the Philippine law of intestate succession, (the decedent left no will), the compulsory heirs (spouse and children) will automatically inherit the estate of the decedent at the time of death. The estate includes both real estate and personal properties owned by the decedent.
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 (docHubd).
Before the partition of the estate, every heir has a share in the real property. In entering a contract of sale with these heirs, the buyer must take their consent in order to avoid legal problems in the future. All of them must agree to the sale of a real party, which forms part of the co-ownership.
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Extrajudicial Settlement of the estate can be done if: i) the decedent did not leave a will; (ii) there are no debts (or the debts have been fully paid); and (iii) all of the heirs agree on the manner of the division and distribution of the estate.
For extrajudicial settlement of estate, the following documents must be submitted with the BIR: Notice of Death. Certified true copy of the Death Certificate. Deed of Extra-Judicial Settlement of the Estate. Certified true copy of the land titles involved.
An Extrajudicial Settlement with Waiver of Rights is a docHubd document signed by all heirs, where one or more heirs may decide to waive their claim to the estate. It allows the transfer of the deceaseds property to the heirs. An EJS with Waiver of Rights has the same requirements and process as a regular EJS.
The first step is to obtain a copy of the death certificate and the will if there is one. Then, youll need to go to the local assessors office to get a tax declaration for the property. Once you have these documents, you can then go to the registry of deeds and register the property in your name.
Registration Fee 0.25% of the selling price, or zonal value or fair market value, whichever is higher. Transfer Tax 0.5% (in the provinces) or 0.75% (in Metro Manila) of the selling price, or zonal value or fair market value, whichever is higher.

extrajudicial settlement with waiver of rights sample philippines