Free Legal Form
Affidavit of Self-Adjudication
If you are the only heir of someone who died without a will and without debts, this affidavit lets you take over everything they left, without going to court.
AFFIDAVIT OF SELF-ADJUDICATION
KNOW ALL PERSONS BY THESE PRESENTS:
I, heir's full name, age years old, Filipino, civil status, and residing at home address, after having been duly sworn in accordance with law, hereby depose and state that:
- deceased's full name, Filipino, civil status, and last residing at last address, died on date of death at place of death;
- The deceased left no will, and no debts or obligations to any person, bank or government office;
- I am the relationship of the deceased, and I am the sole heir of the deceased because why there are no other heirs;
- The deceased left the following property:
- each property
- No other person has any right to the estate of the deceased, and no proceeding for the settlement of the estate has been filed in any court;
- By this affidavit, and under Section 1, Rule 74 of the Rules of Court, I hereby ADJUDICATE unto myself the entire estate of the deceased described above;
- I shall cause this affidavit to be published in a newspaper of general circulation once a week for three (3) consecutive weeks, and to be filed with the Registry of Deeds concerned, and I shall file the bond required by Rule 74 for any personal property of the estate;
- I understand that, under Section 4, Rule 74 of the Rules of Court, the property adjudicated remains liable for two (2) years to any creditor, heir or other person who may have been unduly deprived of a lawful participation in the estate.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ______________ 20___ at city or municipality, Philippines.
Affiant and Sole Heir
SIGNED IN THE PRESENCE OF:
Witness
Witness
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
city or municipality ) S.S.
BEFORE ME, a Notary Public for and in city or municipality, this ____ day of ______________ 20___, personally appeared heir's full name, with ID type and number, known to me and to me known to be the same person who executed the foregoing Affidavit of Self-Adjudication, and who acknowledged to me that the same is the affiant's free and voluntary act and deed.
This instrument, consisting of ____ pages including this page on which the acknowledgment is written, has been signed by the affiant and the instrumental witnesses on each and every page.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 20___.
Before You Print
- Not legal advice. This is a general form. For your own situation, consult a lawyer, especially if your case is unusual or a lot of money is involved.
- You will sign it before the notary and confirm you signed it freely (this is called an acknowledgment).
- Do not sign it yet. You sign in front of the notary, with a valid government ID.
- Use it only if you are truly the only heir. A surviving spouse, children (including illegitimate children) and, if there are no children, the parents can all be heirs. If there are two or more heirs, use an Extrajudicial Settlement (an agreement among the heirs, signed before a notary) instead. If heirs disagree, or there is a will, you will need a lawyer and the courts. The Public Attorney's Office helps people who qualify.
- Rule 74 of the Rules of Court says the settlement must be published in a newspaper of general circulation once a week for three weeks in a row, and the affidavit must be filed with the Registry of Deeds. If what was left includes movable property (personal property) such as cash or shares, a bond (a guarantee) equal to its value is filed too.
- The estate tax must be paid to the BIR before the Registry of Deeds or a bank will transfer anything to you. See the guide Settling an estate and the estate tax calculator.
- For two years after the settlement, anyone the person who died owed money to, or any heir who was left out, can still make a claim against the property (Rule 74, Section 4).
For the steps around this document, see the guide Dividing property after a death.