Managing the inheritance of a family member in the Philippines can be a challenging task. Nevertheless, the law provides simplified ways to transfer titles without going to court, provided there is no will and no outstanding debts. This article details the importance of the deed of adjudication, the deed of sole adjudication, and the affidavit of heirs philippines.
Defining the Deed of Adjudication
The extrajudicial settlement of estate is a legal document where the heirs of a deceased person partition the properties left behind. Under Rule 74, Section 1 of the Rules of Court, heirs can settle an estate privately if the decedent left no will and no debts.
When there are multiple heirs, they must all sign off on how the assets—such as land, bank accounts, or vehicles—will be partitioned. This document is required for the Register of Deeds to cancel the old title and issue a new one in the names of the heirs.
The Deed of Sole Adjudication Explained
When the deceased is survived by a single legal heir, a deed of sole adjudication is used instead of a collective settlement.
Simplicity: Since there are no other heirs to dispute, the process is quicker.
Documentation: The sole heir executes an affidavit stating that they are the only surviving successor and claims the entire estate to themselves.
Regardless of whether you use a deed of sole adjudication deed of adjudication or a multi-heir deed, the document must be signed before a notary public and published in a newspaper of general circulation for three consecutive weeks to inform any potential creditors.
Identifying the Rightful Successors
Before the transfer can proceed, the parties must prove their relationship to the deceased. This is where an affidavit of heirs philippines becomes indispensable.
The affidavit serves as a formal declaration identifying all the legal heirs, such as the surviving spouse, deed of sole adjudicatino legitimate children, or parents. Commonly, it features:
The timing and location of the decedent's death.
A statement that the deceased died intestate (without a will).
A enumeration of the names and relationships of all surviving heirs.
The affidavit of heirs philippines Procedure for Transfer
To properly use these documents, heirs must affidavit of heirs philippines follow these steps:
Drafting: Draft the deed of adjudication or deed of sole adjudication and the affidavit of heirs philippines.
Notarization: Have the documents officially sworn.
Paying deed of sole adjudicatino the BIR: File the Estate Tax Return with the Bureau of Internal Revenue (BIR). Note that you must obtain a Certificate Authorizing Registration (CAR).
Notice to Public: Publish the notice of settlement in a local newspaper.
Transfer of Title: Submit the CAR, the deed, and the proof of publication to the Register of Deeds to transfer the title.
Conclusion
Handling the deed of adjudication and ensuring you have a correct affidavit of heirs philippines is vital for protecting your inheritance. By choosing these extrajudicial methods, Filipino families can bypass the high costs and long wait times associated with court-litigated settlements. Consulting with a legal professional is always suggested to ensure all requirements are met correctly.