24/11/2023
‼️KNOWLEDGE 103‼️
🏡How to Transfer a Land Title from a Deceased Parent 🏡
‼️Certain things you need to take care of legally, especially if there is no will created before the parents passed away.
How do you go about the process?
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🔴 Extrajudicial Settlement of the Estate
In order to have the land title transferred, it needs to be settled first in what is legally called the Extrajudicial Settlement of the Estate. The estate is the property involved. The process involves drafting a contract which clearly indicates how the property will be distributed among the heirs. This process is also known as out of court settlement because as the term suggests, the heirs will no longer have to go to court to distribute the properties which the deceased parent/s left.
Following Rule 74, Section 1 of the Rules of Court, the heirs need to secure and execute a Deed of Extrajudicial Settlement of Estate and Adjudication of Estate with the help of a lawyer. However, all heirs must get into an agreement, including those who are not interested in the property. The deed should specify the following information:
🔸The absence of a will
🔸Proof that the deceased parent/s has no debts left
🔸Name and relationship to the deceased; Heirs should be of legal age, otherwise, minors should have a legal representative
🔸Affidavit of self-adjudication, and deed of extrajudicial settlement of estate and adjudication of the estate (should be signed by all the heirs and afterward notarized before a Notary Public)
🔸Description of the property to be divided among the heirs
🔸Bond fixed by the court, should there be personal property involved
After a certain number of weeks, the heirs will have to obtain the certification and publication and have it affirmed and verified by the Bureau of Internal Revenue (BIR). They will release a certificate to the heirs which should be submitted to the Registry of Deeds or Land Registration Authority.
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