Extra Judicial Settlement of Estate With Deed of Absolute 2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by filling in the names and details of the deceased individuals in the first section, including their date of death and residence.
  3. List all forced heirs with their legal status (single or married) and complete addresses. Ensure accuracy as this information is crucial for legal validation.
  4. Attach copies of the death certificates as Annexes 'A' and 'B' to substantiate your claims regarding the deceased.
  5. Provide a detailed technical description of the real property involved, including Transfer Certificate Title number and location specifics.
  6. Conclude by having all heirs sign the document in the designated areas, ensuring that each page is signed as required.
  7. Complete the acknowledgment section with necessary details about identification and notary public verification.

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Pros and Cons of Extrajudicial Settlement Faster Process: No court docket or lengthy hearings; can be concluded relatively quickly if the heirs are cooperative. Lower Cost: Avoids many of the legal fees and costs associated with court proceedings.
Do all heirs have to agree to sell property in the Philippines? Yes, all the heirs have to agree to sell property for a Deed of Extrajudicial Settlement of Estate with Absolute Sale.
Rule 74, Section 1 requires the heirs to publish a notice of the extrajudicial settlement in a newspaper of general circulation in the province where the decedent resided, once a week for three (3) consecutive weeks.
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No Will OR No Pending Probate: Extrajudicial settlement is typically used when the deceased left no will (intestate) or when there is a will but it is not contested and not being probated. Agreement Among Heirs: All legitimate heirs must agree on the partition and must be willing to proceed without court adjudication.
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).

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