(Declaration of Heirship Extra Judicial Settlement of Estate with Waiver of Share)

Extra-Judicial Settlement of Estate with Waiver of Share

KNOW ALL MEN BY THESE PRESENTS:
We, _____________, widow of _____________, of legal age, Filipino and a resident of
_____________and _____________, _____________, _____________, who are all of legal ages,
(single / married / widow), and all residents of _____________, Philippines, do hereby declare as
follows:
1.That the above-named parties are the widow and legitimate children and the sole and compulsory
heirs of the deceased _____________ who died on _____________ at _____________;
2.That the decedent died intestate, without leaving any Last Will or Testament and without leaving any
debts or accounts whatsoever;
3.That the decedent left the following parcel of land which is conjugal and owned in common with his
wife, the herein _____________;
(Technical Description of Property)
4.That pursuant to Section 1, Rule 74 of the Revised Rules of Court of the Philippines, and the parties
herein being all of age and full civil capacity, they have agreed to divide as they do hereby divide and
adjudicate, the real properties, above-described as follows: _________________________;
5.That we hereby affirm that we have executed the this instrument out of our own free will without
force, intimidation or violence upon our person, and that we have hereby received our just and proper
share and have no more claim or demand against each other in connection with the adjudication of the
above-described parcel of land;
6.That I _____________, for my part and for and in consideration of the sum of _____________
(P_____________), Philippine Currency, to me in hand paid by my herein above-named children to
wit, _____________, _____________ and _____________, I do hereby SELL, TRANSFER and
CONVEY unto my said children all my rights, interest and participation in the above described parcel
of land, do hereby WAIVE all my rights, interest and participation in the above-described parcel of
land, in favor of all my above-named children, share and share alike, pro indiviso.
IN WITNESS WHEREOF, we have hereunto set our hands this _____________ at _____________,
Philippines
WIDOW CHILD
CHILD CHILD
SIGNED IN THE PRESENCE OF:
__________________ __________________
(ACKNOWLEDGMENT)

Subdividing the Estate amongst the Heirs

By Balita | April 16, 2010
0 Comment
Q. Please help me see my way through the following dilemma:
1. My father died intestate, how are we to divide the properties left behind with our mother and four
siblings?
2. Another concern is that my brother has been estranged from his legal wife for 30 years. He got a
live-in-partner and adopted a son some 25 years ago.
He died recently. Is his estranged wife entitled to his properties left behind, how about the live-inpartner and the adopted son? There have been no adoption papers for his son. Thank you for your
assistance to this regard. FT.
Ans: Under the Philippine law on Intestate succession, only compulsory heirs of the deceased are
entitled to inherit from his or her estate. Other relatives may inherit only upon default or absence of the
compulsory heirs.
Under the Civil Code of the Philippines, compulsory heirs include the surviving spouse and the
children whether legitimate or illegitimate. When we speak of intestate succession, it is understood that
the deceased or decedent left no WILL upon his/her death.
In intestate succession, the estate of the deceased may be partitioned or subdivided either by:
1) Extrajudicial Settlement of Estate- Under this scheme the decedent do not have unpaid creditors and
minor children and that all the heirs are in harmony as to the manner in which the property is to be
subdivided or partitioned. And without going to the court, the heirs agreed amongst them to adjudicate
the estate by means of instruments known Extrajudicial Settlement of Estate duly signed and
notarized and have it published in the newspaper of general circulation for at least three (3) consecutive
weeks. And of course to pay the required estate tax and compliance of procedure and administrative
matters with the concerned government agencies.
Under the law, the estate is divided by first liquidating the conjugal/matrimonial property. The
legitimate spouse gets portion of her share of the conjugal/matrimonial property and the remaining
which constitute the estate shall be divided equally amongst the heirs including the surviving spouse.
Thus, for instance if there are 3 children, the estate shall be divided into four(4) share, with the
surviving spouse getting one(1) share or the same share that each child inherits. In case the child is
illegitimate, his/her share is equivalent to only of the shares of the legitimate child. Which are
shares only.
2) Judicial Settlement of Estate- If the deceased left no will but there are creditors or claimants or an
heir is minor or suffering from incapacity to act and/or the heirs cannot agree amongst themselves in
the manner or partition or distribution of the estate, the settlement of estate shall be by means of
Judicial Settlement. This means that the heirs or creditor(s) concerned have to file a petition in the
Court of Law for the settlement of estate.
Unless there is a third party claimant, this scheme should be avoided as much as possible. Aside from
being adversarial, this is also costly as parties will have to engage the services of lawyers. The process
could take years to be resolved. The sharing of the heirs is the same as what is mentioned above, less
the provisions for the payments of creditors, if any.
As to your number two (2) question. As to the estranged wife of your deceased brother , for as long as

they are legally married and that marriage was not annulled , she is still considered as compulsory heirs
of the deceased and as such entitled to inherit from her husband .
As to the adopted son, if the adoption is legal in the sense that the adoption was authorized by the court,
then the adopted son is considered as a compulsory heir. However, if the birth certificate of the
adopted son would show that the father is your deceased brother, and during the lifetime of your
deceased brother, the status of this adopted son was never questioned him or any third party, and then
he could be considered as a compulsory heir.
As to the live-in partner of the deceased, she is not entitled to inherit from the estate as she is not
considered as a spouse under the law.
In either case, it is suggested that you confer with the professional services of a lawyer in the
Philippines, who could provide you with professional assistance to protect and uphold your rights
under the law. Thank you for writing and good luck.