SETTLEMENT OF ESTATE OF A DECEASED PERSON

EXTRA-JUDICIAL SETTLEMENT OF JUDICIAL SETTLEMENT OF

ESTATE: RULE 74 (Sec. 1) ESTATE
WHO MAY EXECUTE:
1. THE SOLE HEIR. The one and only heir may adjudicate
SEE SEPARATE PAGE.
the entire estate to himself by means of an affidavit
REQUIREMENTS FOR VALIDITY (called an “Affidavit of Self-Adjudication”) filed in the
Register of Deeds of the place where the decedent
1. The decedent died intestate, i.e., without a resided.
valid will;
2. THE HEIRS AGREEING AMONG THEMSELVES. The heirs
2. The estate has no outstanding debts at the may divide the estate among themselves by means of a
time of the extrajudicial settlement; notarized instrument filed in the Register of Deeds.
3. The heir/s are all of age, or the minor heirs
are represented by their judicial guardians or
legal representatives;
4. The extrajudicial settlement is made in a PROCESS OF EXTRA-JUDICIAL SETTLEMENT OF ESTATE:
public instrument, stipulation or affidavit duly
filed with the Register of Deeds;
Prepare a Deed of Extra-judicial Settlement of
5. The fact of such extrajudicial settlement must A Estate or Adjudication of Estate to be signed by all D Register the Deed to the Registry of Deed,
simultaneously with the filing of the bond.
be published in a newspaper of general heirs.
circulation once a week for three (3)
consecutive weeks; and B Have the Deed notarized before a Notary Public. E Publication in a newspaper of general circulation,
once a week for three consecutive weeks.
The parties to the extrajudicial settlement shall
file a bond with the Register of Deeds in an NOTE: No extrajudicial settlement shall be
Settlement of Bond acceptable to the Registry of
amount equivalent to the value of the personal C Deeds. F binding upon any person who has not
participated therein or had no notice thereof.
property involved.
 There are times when resort to court
is unavoidable, particularly when the • PROBATE PROCEEDINGS.
JUDICIAL SETTLEMENT OF ESTATE deceased left a will or debts and/or
the heirs are in dispute.
The steps to follow are:
a. File a petition in court praying for the probate of the will and
PROCESS OF JUDICIAL SETTLEMENT: settlement of estate of the decedent.
b. The court will set a time and place for the probate and shall
cause notice of such to be published in a newspaper of general
File a petition before the Court of Competent jurisdiction. circulation once a week for three (3) consecutive weeks.
WHERE TO FILE: Publication. c. On the hearing date, the court will proceed with the probate
a. If the decedent was a resident of of the will and distribute the estate to the heirs/legatees
Notice of the filing of the If there is a Will.
the Philippines at the time of his
death, the petition must be filed accordingly.
before the Regional Trial Court in petition for settlement of
the place where he resided at the estate and the proceedings WHEN THE DECEASED HAS HEARING
time of his death. thereof are required to be LEFT A WILL, IT MUST BE
b. If the decedent was a resident of published in a newspaper of PROBATED, IE. ALLOWED OR
a foreign country at the time of his general circulation once a DISALLOWED. (RULE 75)
death, the petition must be filed in week for three consecutive D. PAYMENT OF DEBTS.
any Regional Trial Court in the weeks. A. WHEN THE WILL
province where he had estate.
IS ALLOWED. RULE 88, Section 1. Debts paid in full if estate
sufficient. — If, after hearing all the money claims
C. APPOINTMENT OF SPECIAL B. ISSUANCE OF LETTERS OF against the estate, and after ascertaining the
ADMINISTRATOR ADMINISTRATION amount of such claims, it appears that there are
sufficient assets to pay the debts, the executor or
RULE 80, Section 1. Appointment of special RULE 77, Section 4. When a will is administrator pay the same within the time
administrator. -- When there is delay in thus allowed, the court shall limited for that purpose.
granting letters testamentary or of grant letters testamentary, or
administration by any cause including an letters of administration with the
appeal from the allowance or disallowance of will annexed, and such letters E. DISTRIBUTION OR PARTITION OF
a will, the court may appoint a special testamentary or of administration, ESTATE
administrator shall extend to all the estate of
the testator in the Philippines. (RULE 90, ROC)
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