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Extrajudicial Settlement and Partition: If the heirs agree to divide the estate amicably, they can execute an extrajudicial settlement. This document should be notarized and filed with the Register of Deeds to formalize the division of the property.
What documents are needed to process an SPA at the Philippine Embassy? To process an SPA, you need the drafted document, valid identification, and any supporting documents pertinent to the power being granted. These must be presented in person at the embassy for examination and authentication.
An SPA that pertains to a real estate transaction has to be in writing. Notarizing or authenticating the SPA will make it a public document and it now can be admitted as evidence in a court of law. If the SPA is executed in the Philippines, a notary public will authenticate the SPA.
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.
Register the Deed of Extrajudicial Settlement of Estate with the Register of Deeds where the land is located, simultaneously filing the bond. Publish the Deed of Extrajudicial Settlement of Estate in a newspaper of general circulation once a week for three (3) consecutive weeks.
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Absence of a Specified Validity Period In principle, an SPA remains valid until: The task or transaction for which it was created is completed. The authority is expressly revoked by the principal. The principal dies or becomes incapacitated.
A Special Power of Attorney is a powerful legal tool that can greatly facilitate transactions and legal actions in the principals absence or incapacity. However, the advantages come with corresponding responsibilities and potential pitfalls.
In summary, the general rule under Philippine law is that a Special Power of Attorney is revoked upon the death of the principal.

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