When a person dies, settling the estate or their property can be a bit overwhelming. Sometimes, we are unfamiliar with the legal terms and get confused about the requirements and process.
On the contrary, if you’re the sole heir, the process might seem simple, but navigating government offices and their legal requirements can be overwhelming too.
You might be wondering what process you should follow or how you will transfer the inheritance under Philippine law.
Fortunately, the Affidavit of Self-Adjudication is your key to a smooth and efficient transfer of assets.
This guide will walk you through everything you need to know—from legal bases, requirements, and processes to how you can avoid common pitfalls. Read on to ensure you handle the process quickly and hassle-free!
What is an Affidavit of Self Adjudication?
Under Section 1, Rule 74 of the Rules of Court of the Philippines, an Affidavit of Self-Adjudication is a sworn statement executed and filed by a sole or one heir declaring that they are the only legitimate heir of the deceased, who left no will and no debts, and are claiming the entire estate. This procedure doesn’t need to engage in judicial proceedings. This will serve as evidence to prove ownership of assets.
Who Can Execute an Affidavit of Self-adjudication?
The affiant must be the sole heir of the deceased or decedent.
The deceased must not have left a will (intestate succession applies).
No pending case or disputes over the estate.
Difference Between Affidavit of Self-Adjudication and Other Title Transfer Options
Affidavit of Self-Adjudication vs. Extrajudicial Settlement vs. Judicial Settlement vs. Deed of Sale or Donation
An Affidavit of Self-Adjudication is the simplest option for transferring property ownership, but only if there is a sole heir. If there are multiple heirs, an Extrajudicial Settlement of estate is required. This process involves a written agreement among heirs on how to divide the estate. If there is no agreement or a dispute arises, the estate must go through Judicial Settlement, requiring court intervention and a probate process.
Meanwhile, if an heir decides to transfer their inherited property to another person, they may do so through a Deed of Sale or Deed of Donation, depending on whether they receive compensation or not. Each method varies in complexity, cost, and legal requirements, making it crucial to choose the right approach based on the family’s situation.
Requirements Needed on Processing Affidavit of Self-Adjudication
Death Certificate of the deceased (from PSA or Local Civil Registry)
Notarized Affidavit of Self-Adjudication
Tax Clearance
Payment of Estate Taxes
Publication of the Affidavit in a newspaper of general circulation for three (3) consecutive weeks under Rule 74, Section 1
New Tax Declaration
Transfer Certificate of Title (TCT) from the Registry of Deeds
Process of Title Transfer through Self-Adjudication
Here are the steps on processing transfer of assets, specifically property, through Sef-Adjudication:
Draft and Prepare the Affidavit of Self-Adjudication. The document includes the information of the deceased, the heir, and the estate.
Have the affidavit notarized by the notary public.
Publish the affidavit in a newspaper for three (3) consecutive weeks.
Settle the estate taxes from the Bureau of Internal Revenue (BIR).
Secure eCAR from the BIR.
Submit the affidavit along with the other supporting documents including the eCAR to the Registry of Deeds for transfer of property ownership.
Secure a new tax declaration at the Assessor’s Office.
Common Challenges in Processing Self-Adjudication
Delays in estate tax clearance due to missing documents
Legal disputes from other potential claimants
Errors in document submission causing rejection from the Register of Deeds
Publication compliance issues due to incorrect formatting or missing details
Sound’s Overwhelming? It doesn’t have to be!
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