ASSESSMENT – KINDS OF SETTLEMENT

Ma. Danice Angela Balde Barcoma

Law 3E

EVALUATION ON THE EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH

SPECIAL POWER OF ATTORNEY

The sample Deed of Extrajudicial Settlement of Estate with Special Power of Attorney
was able to show the requisites for such deed. Parties to said deed were able to
establish that the decedent, Edward Cullen, died intestate and left no outstanding debts
at the time of said settlement. It was also indicated in the deed that parties or heirs who
executed the same are all of legal age and have agreed to adjudicate the property left
by the decedent among them. The instrument was also made public by having it
notarized.

However, there was no certificate of death attached to the instrument. Such certificate is
not really a requisite in the accomplishment of such deed but the form given out by the
Land Registration Authority provides for the certificate of death to be attached.

In summary, the sample deed had all the requisites of an extrajudicial settlement of
estate by agreement, as provided by the Section 1 of Rule 74 of the Rules of Court.

EVALUATION ON THE AFFIDAVIT OF SELF-ADJUDICATION

This affidavit, according to the rules, is required to be executed by the sole heir of a
deceased person in order for him to adjudicate to himself the entire estate.

In the given example, the adjudicating heir states that she is the only surviving legal heir
and that the decedent died intestate and had left no debts, liabilities, or obligations to
any person. Also, properties left by the decedent are listed and described in the
affidavit. In the given sample, there is only one real property left by the decedent.
However, there was no mention of personal properties left by the decedent. The
affidavit was also notarized, an act to make public a private document.

In my assessment of the said affidavit, it complies with the requisites of the affidavit of
self-adjudication provided by the Rules of Court.

EVALUATION ON THE PETITION FOR SETTLEMENT OF ESTATE OF SMALL

VALUE

The sample of the petition for settlement of estate of small value has the essential
requirements required by the Rules of Court. It alleges that the decedent had left an
estate with gross value of not exceeding ₱10,000.00 and available even if there are
debts. Though the sample involves a decedent who died intestate, it can very well be
applied even if the decedent died testate so long as the gross value of the estate does
not exceed ₱10,000.00. Further, it can be instituted by any person interested in the
estate, even a creditor, without the consent of other heirs. It may proceed without the
appointment of an executor or administrator as prayed in the petition.

The sample possesses the information needed to file the petition with the Municipal
Trial Court.