Extrajudicial Settlement
Extrajudicial Settlement of Estate (Dividing a Family Member's Property)
An agreement among the heirs on how to divide the property left by someone who died, without going to court. A sole heir signs an Affidavit of Self-Adjudication instead. Usually a percentage of the property's value, with a high minimum.
Prices by Area
| Area | What You Get | Price |
|---|---|---|
| AklanLocal lawyers' price list, 2025. Listed as: Extrajudicial partition or settlement, or Affidavit of Self-Adjudication | 1% of the assessed, fair market or zonal value, whichever is highest, at least ₱2,000 | |
| CebuLocal lawyers' price list, 2022. Listed as: Preparation and acknowledgment of a sale or other conveyance, including extrajudicial partition or settlement of estate | Written and notarized | 3% of the actual amount of the contract, at least ₱3,000 |
| Davao CityLocal lawyers' price list, 2023. Listed as: Extrajudicial Settlement of estate or partition | 10% of the property value, at least ₱30,000 | |
| LagunaLocal lawyers' price list, 2024. Listed as: Extrajudicial Settlement | 2% of the current zonal value, at least ₱5,000 | |
| Northern SamarLocal lawyers' price list, 2023. Listed as: Extrajudicial Settlement or partition, preparation with notarization | Written and notarized | 2% of the property value, at least ₱5,000 |
| Northern SamarLocal lawyers' price list, 2023. Listed as: Extrajudicial Settlement or partition, notarization only | Notary only | 1% of the property value, at least ₱5,000 |
| PampangaLocal lawyers' price list, 2022. Listed as: Deeds, contracts or agreements involving conveyance (sale, donation, lease, mortgage, partition, settlement of estate) | Notary only | 2% of the actual amount, at least ₱1,500 |
| SorsogonLocal lawyers' price list, 2026. Listed as: Self-Adjudication or Extrajudicial Settlement of estate, notarization only | Notary only | 5% of the amount of the estate, at least ₱5,000 |
| SorsogonLocal lawyers' price list, 2026. Listed as: Preparation and notarization of an Extrajudicial Settlement, partition or Self-Adjudication | Written and notarized | 10% of the value of the property, at least ₱10,000 |
| South Cotabato and General Santos CityLocal lawyers' price list, 2025. Listed as: Extrajudicial partition | 10% of the value of the property, at least ₱15,000 |
These are the lowest or suggested prices the local lawyers' groups set, not quotes. Bring a valid ID, do not sign beforehand, and ask the price before the notary starts.
Prices last checked October 9, 2026. Fees can change, so always ask the notary first.
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Common Questions
Can We Do an Extrajudicial Settlement If There Is a Will?
No. Under Rule 74, Sec. 1 of the Rules of Court, an Extrajudicial Settlement (an agreement among the heirs, signed before a notary) is only for property left without a will and without debts. A will must first be approved by a court, in a case called probate (Civil Code, Art. 838). See settling an estate.
Do All the Heirs Need to Sign?
Yes. All the heirs must be parties to the settlement, and heirs who are minors must be represented by their legal representative or one named by the court (Rules of Court, Rule 74, Sec. 1). An heir who cannot appear can sign abroad before a consul or local notary with an apostille, or give someone a Special Power of Attorney.
Does the Settlement Have to Be Published?
Yes. Rule 74, Sec. 1 requires publication in a newspaper of general circulation once a week for three weeks in a row. For two years after the settlement, an heir or someone owed money who was left out can still make a claim against it (Rule 74, Sec. 4).
Can the Registry of Deeds Transfer the Title Right After We Sign?
No. The estate tax must be paid first, and the Registry of Deeds needs the BIR's go-signal for the transfer (the eCAR) before it registers it (National Internal Revenue Code, Sec. 97). Try the estate tax calculator.
What If the Heirs Disagree?
An Extrajudicial Settlement needs every heir to agree. If they cannot, the property has to be divided through the court, and you will need a lawyer. The Public Attorney's Office helps people who qualify.
Not legal advice. This is general information. For advice on your own situation, consult a lawyer. If you cannot afford one, the Public Attorney's Office (PAO) or an IBP legal aid office may help for free.