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How to Transfer Property Ownership After Death in the Philippines Step 1: Secure the Death Certificate and Other Required Documents. Step 2: Determine the Mode of Transfer In the Philippines. Step 3: Engage the Services of a Lawyer. Step 4: File a Petition for Settlement of Estate. Step 5: Settle Debts and Taxes.
If one sibling is living in an inherited property and refuses to sell, a partition action can potentially be brought by the other siblings or co-owners of the property in order to force the sale of the property.
If you are the sole owner of the property, you have the right to sell it. If there are other compulsory heirs, youll need their consent to sell the property.
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The special administrator shall take possession and preserve the goods, chattels, rights, credits, and estate of the deceased and for that purpose may commence and maintain suits as administrator. He may sell only such perishable and other property as the court orders sold.
Property titles in the Philippines are legal documents that prove ownership over a piece of land or a building. When the owner of a property dies, the title does not automatically pass on to the heirs. Instead, it remains in the name of the deceased until the legal process of transfer is completed.
Be prepared for the cost of settling an estate as there are taxes and transfer fees. The cost for an Extrajudicial Settlement with Deed of Sale is 6% of the net estate and the 6% on the same, plus the cost of gathering the documents.
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.
Extrajudicial Settlement of Estate is a procedure for dividing the Estate of the Decedent among his heirs, without having to go to court.

extrajudicial settlement with deed of absolute sale philippines sample