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Extrajudicial Settlement of Estate

An agreement among heirs, signed before a notary, on how to divide what someone left when they died without a will and without debts. Every heir signs. If the heirs disagree, or there is a will, it goes to court.

The Deceased

As on the PSA Death Certificate, for example 14 February 2025.

For example, Quezon City.

Heir 1

In years, for example 34.

Heir 2

In years, for example 34.

More Heirs, If Any

In years, for example 34.

In years, for example 34.

In years, for example 34.

The Estate

For example: A parcel of land, Lot 7, Block 2, Barangay Mayapa, Calamba City, with an area of 240 square meters, covered by TCT No. T-123456 of the Registry of Deeds for Calamba City. Or: A 2018 Toyota Innova with Plate No. ABC 1234. Or: Savings Account No. 1234-5678-90 with Land Bank of the Philippines, Calamba Branch.

For example: The land goes to the heirs in equal shares, undivided (pro indiviso). The car goes to JUAN DELA CRUZ. The bank deposit is divided equally.

Vehicles, bank deposits, shares and other things that are not land or buildings. Leave empty if there are none.

Where

IDs

What you type is kept on this device only, so you can come back and finish later. Nothing is sent anywhere. Press Clear to erase it, especially on a shared phone or computer.

EXTRAJUDICIAL SETTLEMENT OF ESTATE

KNOW ALL PERSONS BY THESE PRESENTS:

This Extrajudicial Settlement of Estate is made and executed by the following, all of legal age and Filipino:

  1. heir 1's full name, age years old, civil status, relationship of the deceased, residing at address;
  2. heir 2's full name, age years old, civil status, relationship of the deceased, residing at address;

hereinafter collectively called the HEIRS.

WITNESSETH:

  1. full name of the deceased, Filipino, who last resided at last address, died intestate on date of death at place of death, hereinafter called the DECEASED;
  2. The DECEASED left no will, and left no debts or other obligations;
  3. The HEIRS are the only legal heirs of the DECEASED, and all of them are of legal age;
  4. The DECEASED left the following property, hereinafter called the ESTATE:
    1. each property
  5. No proceeding for the settlement of the ESTATE has been filed in any court, and the HEIRS have agreed to settle and divide it among themselves without going to court, as allowed by Rule 74, Section 1 of the Rules of Court;
  6. The HEIRS hereby settle and adjudicate the ESTATE among themselves as follows: how the estate is divided
  7. The ESTATE consists only of the real property listed above and includes no personal property for which a bond is required under Rule 74, Section 1 of the Rules of Court;
  8. The HEIRS shall cause this instrument to be published in a newspaper of general circulation once a week for three (3) consecutive weeks, and shall pay the estate tax and secure the Certificate Authorizing Registration from the Bureau of Internal Revenue before the transfer of any property of the ESTATE;
  9. The HEIRS acknowledge that, under Rule 74, Section 4 of the Rules of Court, the property distributed under this instrument remains answerable, within two (2) years after its distribution, to any heir or other person unduly deprived of their lawful share and to any creditor with a valid claim.

IN WITNESS WHEREOF, the HEIRS have hereunto set their hands this ____ day of ______________ 20___ at city or municipality, Philippines.

heir 1's full name
Heir
heir 2's full name
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:

NameCompetent Evidence of Identity
heir 1's full nameID type and number
heir 2's full nameID type and number

known to me and to me known to be the same persons who executed the foregoing Extrajudicial Settlement of Estate, and who acknowledged to me that the same is their free and voluntary act and deed.

This instrument, consisting of ____ pages including this page on which the acknowledgment is written, refers to the estate of the late full name of the deceased, and has been signed by the HEIRS and their 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___.

NOTARY PUBLIC

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.
  • Under Rule 74 of the Rules of Court, the settlement must be published in a newspaper of general circulation once a week for three weeks in a row.
  • The estate tax must be paid, and the BIR must give its written go-signal for the transfer (the electronic Certificate Authorizing Registration, or eCAR), before the Registry of Deeds or the LTO will transfer any property. See the guide Settling an estate and the estate tax calculator.
  • This form assumes every heir is 18 or older and signs in person. If an heir is a minor, lives abroad, or has died, or there are more than five heirs, have a lawyer prepare it.

What notarizing it usually costs →

For the steps around this document, see the guide Dividing property after a death.

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