EXTRAJUDICIAL SETTLEMENT AMONG HEIRS

An extrajudicial settlement by agreement among heirs is available as
an expeditious mode of disposing estate properties of the decedent
provided the following conditions are met:

(a) The decedent left no will
(b) The decedent left no debts. [It shall be presumed that the decedent left
no debts if no creditor files a petition for letters of administration
within two (2) years after the death of the decedent.]
(c) The heirs are all of age, or the minors are represented by their judicial
or legal representatives duly authorized for the purpose,
(d) The settlement is in the form of a public instrument filed in the office
of the register of deeds,
(e) All the heirs must agree, otherwise, the settlement of the estate must
be pursued by means of an ordinary action of partition.
(f) If there is only one heir, he may adjudicate to himself the entire estate
by means of an affidavit filled in the office of the register of deeds.
(g) The heirs must file a bond with the said register of deeds, in an
amount equivalent to the value of the personal property involved as
certified to under oath by the parties concerned and conditioned upon
the payment of any just claim that may be filed under Section 4, Rule
74 of the Rules of Court.
(h) The fact of the extrajudicial settlement or administration shall be
published once a week for three consecutive weeks in a newspaper of
general circulation
(i) The extrajudicial settlement shall NOT be binding upon any person
who has not participated therein or had no notice thereof.

[see Section 1, Rule 74 of the Rules of Court]

KNOWN BY ALL MEN THESE PRESENTS:

This Extrajudicial Settlement of Estate, made and executed in
___[Place] ____ on ____[Date] ____ by and among:

______[Name]___ Filipino of legal age, single
/married/widowed residing at ___[Address] ____

______[Name]___ Filipino of legal age, single
/married/widowed residing at ___[Address] ____

______[Name]___ Filipino of legal age, single
/married/widowed residing at ___[Address] ____

WITNESSETH:

1

That no personal properties are involved in this extrajudicial settlement. the entire interest of the decedent in the above-described properties shall be divided and settled among them in the following manner. [Name of heir]. 2 . owned the following properties: (a) a one-half pro-indiviso share of a ( ____ sq. to wit: state fractional interest of each party: 1/3 to [name] 1/3 to [name] 8. being the latter’s legitimate children and surviving spouse. Year] ____ at ____[Place] ____ . __________ of the Register of Deeds of [Place]. 6. That to the best knowledge and information of the parties hereto. That the above-named parties are the sole heirs of ___ [Name of Decedent] __. 3. and that of her own share in the said property as part owner of the conjugal partnership. who will now be the sole and absolute co-owners of the whole property above-described. was residing at ____[Place] ____. the parties have hereunto set their hands this _____ day of ___ [Month. in favor of his/her children. 2. Page ______. 7.m) real property situated in (situs of property). together with all the existing improvements thereon consisting of [a house of strong materials]. 1. That the decedent left no will. That by agreement between the parties herein. IN WITNESS WHEREOF. The __[Name of Decedent] _ passed away on _[Date] __ . properly described] . and covered by Transfer Certificate of Title (TCT) No. respectively. (c) [insert additional properties. That the said deceased. the said deceased left no debts. at the time of his death. (b) [insert additional properties. [Name of children]. and at the time of his death. 5. so that full ownership of his/her said share and participation in the above-described properties may now be consolidated in favor of his/her children. registered in Book T-_____. 4. do hereby hereby waive and adjudicate his/her share as heir equivalent to [1/3] of the estate of his/her late spouse. properly described] .

S. No. ____. Philippines this __ [Date] _personally appeared the following: Names ID No. ____. WITNESS MY HAND AND NOTARIAL SEAL at the place and on the date first herein above written. Notary Public Doc. BEFORE ME. __________________________ __________________________ __________________________ __________________________ Signed in the presence of: ____________________ ____________________ ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) ________ CITY ) S. Page No. a Notary Public for and in the City of __ [Place] _. and they acknowledged to me that the same is their free and voluntary act and deed. Series of _____. 3 . Book No. Date/Place Issued known to me and to me known to be the same persons who executed the foregoing Extrajudicial Settlement Among Heirs consisting of three (3) pages including this page. ____.

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