What Is an Affidavit of Self-Adjudication?
An Affidavit of Self-Adjudication is a sworn statement executed by the sole heir of a person who died intestate (without a will), declaring that he or she is the only heir and adjudicating the entire estate to himself or herself. It is the single-heir counterpart of an extrajudicial settlement and is expressly allowed by Section 1, Rule 74 of the Rules of Court, which lets the estate be settled out of court when there is no will and no outstanding debts.
Because it is executed under oath before a notary public, the affidavit lets the sole heir transfer the decedent's property — land, a vehicle, bank deposits, or shares — into his or her own name without a full estate proceeding, provided the legal requirements (publication, payment of estate tax, and the two-year liability period) are observed.
When Can You Use One?
An Affidavit of Self-Adjudication is appropriate only when all of the following are true:
- The deceased left no will (the estate is intestate);
- There is exactly one heir — for example, an only child, the surviving spouse with no children, or a sole surviving parent;
- The estate has no outstanding debts, or any debts have already been paid; and
- The heir is willing to be answerable, for two (2) years, to any heir or creditor who later appears.
If there is more than one heir, you cannot self-adjudicate — the heirs must instead execute a Deed of Extra-Judicial Settlement of Estate. If the deceased left a will, the estate must go through probate.
Required Facts
A proper Philippine Affidavit of Self-Adjudication should clearly state:
- Affiant's identity — full name, civil status, citizenship, age, and residence
- Heirship — that the affiant is the sole and only legal heir, and the capacity (only child, surviving spouse, sole parent, only sibling)
- The decedent — full name, that he or she died intestate, and the date and place of death
- No debts — that the estate left no liabilities or obligations
- The property — a precise description of the estate (title number, area, location for land; or the personal property)
- Adjudication clause — the express adjudication of the property to the affiant under Section 1, Rule 74, with a request to the Register of Deeds to register it
- Two-year liability — acknowledgment of the affiant's answerability under Section 4, Rule 74
- Purpose — why the affidavit is executed (e.g., registration with the Register of Deeds)
Free Sample — Affidavit of Self-Adjudication
Below is a complete sample for a sole heir adjudicating a titled Quezon City lot, rendered exactly as Legalia generates it. Use Legalia Ultra to generate a notary-ready version with your own estate details filled in.
I, Juan Dela Cruz, single, Filipino, of legal age, and a resident of 123 Mabuhay Street, Barangay San Antonio, Quezon City, after being duly sworn in accordance with law, hereby depose and state that:
1. That I am the sole and only legal heir of Pedro Dela Cruz, who died intestate on March 10, 2025 at Quezon City, being the only child of the deceased, there being no other compulsory, legal, or testamentary heir entitled to succeed to the estate;
2. That at the time of death, the deceased left no debts, liabilities, or obligations to any person, agency, or institution;
3. That the deceased left the following property:
A parcel of residential land with an area of 250 square meters covered by Transfer Certificate of Title No. T-123456 of the Registry of Deeds of Quezon City, together with the improvements thereon;
4. That pursuant to Section 1, Rule 74 of the Rules of Court, I hereby adjudicate unto myself the above-described property, and request the Register of Deeds of Quezon City to register the same in my name and render this adjudication effective without judicial proceedings;
5. That this adjudication is subject to Section 4, Rule 74 of the Rules of Court, and I shall be answerable to any lawful heir or creditor who appears and establishes a valid claim within two (2) years from the registration of this affidavit;
6. That the foregoing is true and correct to the best of my personal knowledge and belief.
I am executing this affidavit for the purpose of adjudicating the estate to myself and causing its registration with the Register of Deeds, and for whatever legal purpose it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this January 15, 2026 at Quezon City, Philippines.
SUBSCRIBED AND SWORN to before me this January 15, 2026 at Quezon City, Philippines, by the above-named affiant, who exhibited to me his/her Philippine Passport No. P1234567A issued on May 10, 2023 at Manila.
Optional: Publication Undertaking (Rule 74 §1)
Because Section 1, Rule 74 requires the settlement to be published once a week for three (3) consecutive weeks, Legalia can insert a publication undertaking as an additional numbered clause. When toggled on, the following clause is added to the affidavit:
That I undertake to cause the publication of this affidavit once a week for three (3) consecutive weeks in a newspaper of general circulation, in accordance with Rule 74 of the Rules of Court;
Generate Your Affidavit of Self-Adjudication with an Ultra Plan
This document is available on the Legalia Ultra plan. Subscribe to generate a notary-ready Affidavit of Self-Adjudication — with the correct heirship and adjudication clauses, optional publication and bond undertakings, and a properly formatted jurat block — in minutes.
Subscribe to Ultra — Generate NowStep-by-Step Guide
- Confirm you are the sole heir. Self-adjudication is only for a single heir of an intestate estate with no debts. With co-heirs, use an Extra-Judicial Settlement instead.
- Gather the documents. Death certificate of the decedent, proof of your relationship (PSA records), and the title or proof of ownership of each property (TCT/OCT, OR/CR, bank certifications).
- Fill in the guided form. Enter the affiant and decedent details, the property description, and the Register of Deeds location; toggle on the publication and two-year-liability clauses as needed.
- Notarize. Print the affidavit and personally appear before a notary public with competent evidence of identity so the jurat block can be completed.
- Publish. Have the affidavit published in a newspaper of general circulation once a week for three consecutive weeks, and keep the Affidavit of Publication as proof.
- Settle the estate tax and transfer title. File the estate-tax return with the BIR, secure the eCAR, then present the affidavit, eCAR, and proof of publication to the Register of Deeds (and the assessor) to issue a new title in your name.
Self-Adjudication vs Extra-Judicial Settlement
Both settle an estate out of court under Rule 74, and both require that the deceased left no will and no debts. The difference is the number of heirs. An Affidavit of Self-Adjudication is signed by a single, sole heir who takes the whole estate. A Deed of Extra-Judicial Settlement is signed by two or more heirs who divide the estate among themselves. Both must be published once a week for three consecutive weeks, and both carry the same two-year liability to omitted heirs and creditors under Section 4, Rule 74.