Extrajudicial Settlement of Estate: Basic Discussion

When a person dies intestate (which means he left no will) the competent court shall appoint a qualified administrator for the estate. The same rule applies even if the person dies testate (which means that he left a will) if the will failed to name an executor in his will, or if the named executor is incompetent, or refuses the trust, or fails to furnish the bond required by the Rules of Court. One exception to this is the extrajudicial settlement of estate.

We have a previous discussion on wills and probate of wills (see Basic Concepts in Estate Proceedings and Basic Discussion on Last Will and Testament). A will must be presented in court, through probate proceedings, and this judicial process may take some time. A much faster way of disposing of properties left behind by the deceased person, known as the decedent, is through an extrajudicial settlement of estate.

An extrajudicial settlement of estate, however, presupposes that the decedent left no will. We already noted that a person who has custody of a will is under obligation to produce it.

Here are the requirements for a valid extrajudicial settlement of estate:

1. The decedent left no will.
2. The decedent left no debts, or if there were debts left, all had been paid.
3. The heirs are all of age, or if they are minors, the latter are represented by their judicial guardian or legal representatives.
4. The partition was made by means of a public instrument or affidavit duly filed with the Register of Deeds.

The affidavit must be executed by the heirs and must contain the necessary allegations to support a valid extrajudicial settlement of estate. The affidavit shall be published in a newspaper of general circulation, once a week for three (3) consecutive weeks.

29 thoughts on “Extrajudicial Settlement of Estate: Basic Discussion

  1. jeanevie

    Good afternoon po. I would like to inquire po pano po mgprepare ng certificate of CPA for Statement of assets and networth na requirement po para sa extrajudicial process.


  2. kenjie

    good eve po.
    need advise atty.
    paano namin ma re2cover ang lot namin na binenta ng tiyahin namin peru hindi siya direct heir. nabenta kasi yung lupa dahil mga paslit pa lamang kami noon. And now we found out that she give us only a portion of our land. Can we recover po the land though she sold it sa ibang tao?
    Thank you…

  3. Shia

    Ask ko lng po sana, nakabili po kami ng lupa, meron po extra judicial n ginawa ang asawa with their 2minor kids dahil patay n yung asawa nya n lalaki.

    Paano po ba mag transfe na hindi n mag appral s korte since meron nman nag represent pag benta ng property yun ay ang asawang babae na nag represent sa mga anak nya. Gusto q po malaman sana ang mainam n gawin ty po

  4. candy

    Hi atty.

    Question ko.
    May iniwang lupa ang aking lola. patay na din po ang aking lolo. Total of 293sqm. 146.5sqm of that property (heresay) binigay da wng lola ko dun sa panganay nyang anak. then another 146.5sqm is vacant. I am planning to buy the 73.25 sqm of that property. Paano po ba ang pinakamagandang process pra mapalipat sa pangalan ko.

  5. armando

    gd day atty fred, may tanong lng po ako

    .pwede ho ba mag execute ng extrajudicial partition sa isang parcela lng po among heirs of decedent, at hindi i include ang iba pong parcela na pagaari pa rin ng decedent?

  6. franz

    Our property was subdivided through extrajudicial settlement after my father died w/o a will.
    Property, 6/10 share to the mother & 1/10 share for each of the 4 children.
    My mother want to sell the property (house & lot) to me & payoff the shares to my siblings.
    what if one of my siblings doesn’t want to sell? what course of action can we do to proceed with the sale?
    I want to use the house as a collateral for a house improvement loan. if one refuses to sign the contract to sell & vacate the house, what are course of action / options for us?

  7. paz

    when you publish an extra judicial settlement summary, how do you word it? the decedent left behind several properties, is it necessary to identify in the summary all the properties (specific details: location, size…)? thanks. paz

  8. r0d

    bibili pa lang kami ng property dito sa Bacoor Cavite sa developer/ nagbigay cla ng xerox copy of said title ng lupa. as i know may conflict to sa GSIS nag pa check kami sa Gsis sabi nla check namin register deeds cavite. na check sa RD nsa developer pa rin title ng lupa. pina check namin sa Bacoor another name naka lagay dun nagbayad ng amelyar 6 yrs back. may lumang bahay pa po ito..
    pls advise me thanks sa advice,, nyu..

  9. Nelba

    our father died 3 yrss ago and left 296Sq meter lot with house who are we now presently residing me and my 2 siblings with our families and also with my dad 2nd family 3children and their mom also with their husband and wife, my mom is presently working abroad they are married but separated when i was three yrs old and not legally separated, we tried to talked about our heirs and to declare our father’s death but the 2nd family refuses to sign and they disagree about the dividing of our shares, they want half of the total share belongs to them..We wanted to get our share. what is the best thing to do? thank yoou

  10. Manuel

    Good day po atty..my problem is.. Namatay na po father namin 3 yrs ago.. 6 kaming magkakapatid at may isang minor anak Nya sa labas.. Di kami magkakasundo lahat..3 na US citizen.. Gusto yung 2 Filipino citizen gumawa na sila ng waiver of rights para mapunta na sa akin ang share nila.. Plwede ba yun kahit walang pirma mga kapatid naming US citizen na? Tnx po..

  11. Thelma P

    My parents died consecutively last October and December 2015, Before my parents died, they issued two (2) Special Power of Attorneys (SPAs) and two (2) Last Will and Testaments naming my two (2) sisters as Administrators and Executors.

    The duly notarized SPA and Last Will and Testament issued to the first administrator was REVOKED in holographic writing by the principal allegedly due to the the former’s administration incompetence, and abuse of discretion when the first administrator mortgaged the sole property of the principal and the same property was subjected to a sangla-tira-benta schema by the same in 2010 to date. My parents were bedridden with my father suffering from a PTSD illness with Dementia since 72 years ago and with blind left eye and seriously blurred right eye. Were the first notarized SPA and Last Will and Testament issued to the First Administrator still valid upon the issuance of the Second same instruments?

  12. George

    Good Day!

    Hingi lang po ako ng advice regarding sa naiwang property ng father ko. Meron po kasi syang naiwan na coconut land and isang residential lot. yung coco-land may title na po nakapangalan na sa father ko. yung residential lot nman po nakapangalan pa sa lolo namin at Tax Dec pa rin po pero may legal docs na po sya na hati ang father ko at ang kapatid nyang lalaki sa residential lot (65 sq.m. whole area) . Bale yung coco land po, equally divided po kaming apat n magkakapatid at ang mother po namin (surviving widow). Yung residential lot equally divided din po but dahil maliit lang po sya 32.5 sq.m. binili ko na po ang share ng mga kapatid ko at mother ko for 20,000.00 Philippine Peso. Bale 5,000.00 per head. Ano po ang dapat gawin para po magkaroon po ng legal document para mailipat po sa name namin yung property at same time yung residential lot ay malipat po wholly sa name ko.
    Atty. Please naman po, pano po dapat gawin. Maraming salamat po at God bless sa inyo.

  13. Ruth d.

    Ang lolo ko ay namatay years ago pa po. May naiwan po siyang lupain na walang title deklarasyon lang po. Mayroon po siyang 8 anak. Ang dalawa po ay old maid. Pano po ang gagawin nilang hatian?

  14. Rico

    Hi, my parents both died (father 1985, mother 2002) and left only one house and lot.
    Some of my siblings gave and signed a documents that waive their rights to the property.
    Do we have to include my siblings name in the preparation of the extrajudicial settlement of estate?
    Is there a law that states Ancestor’s house in order to be exempted from paying estate tax ? If yes, what form, section number I can find in the BIR ruling ?


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