Simplified Guide to Using an Affidavit of Self-Adjudication for Estate Settlement in the Philippines
- Geneva Rose Morata
- Apr 30
- 2 min read
Updated: Jul 21
An Affidavit of Self-Adjudication is a legal document that allows a sole heir to claim the estate of a deceased person without undergoing court proceedings. Governed by Rule 74, Section 1 of the Rules of Court, it is applicable when there are no debts or disputes over the estate.
Below is a refined guide to help you understand its requirements and process.
Required Documents Before Drafting the Affidavit
To ensure a smooth process, gather these essential documents before drafting the affidavit:
Death Certificate of the deceased.
Proof of Heirship, such as:
Birth certificate (for children).
Marriage certificate (for spouses).
Property Documents, including:
Land Titles: (Original Certificate of Title - OCT, Transfer Certificate of Title - TCT, Condominium Certificate of Title - CCT) - You have this.
Tax Declarations (latest available) of the real properties.
Certificate of No Improvement (if applicable) from the Assessor's Office.
Tax Identification Number (TIN) of the deceased and heir (for BIR compliance).
Important Considerations
Debt-Free Estates Only: The affidavit can only be used if there are no outstanding debts left by the deceased.
Legal Assistance: While drafting may seem straightforward, consulting a lawyer ensures compliance with Philippine laws and prevents future disputes.
BIR Compliance: Estate taxes must be paid before property transfers; delays can result in penalties.
Conclusion
In summary, the Affidavit of Self-Adjudication enables sole heirs to efficiently settle an estate through direct transfer. Careful preparation, publication, and timely tax payments are key to a private and seamless process.
Don’t wait—start now: Secure your documents and seek professional advice to confidently navigate the process and protect your inheritance.
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