Estate & Succession Document Guides on This Blog
Each guide below explains the formalities, publication rules, and tax requirements for settling a Philippine estate, and includes a free sample. Pick the document you need:
Settling an Estate in the Philippines: The Two Routes
When a person dies, their estate must be settled before the heirs can transfer the assets to their own names. There are two routes:
- Extra-judicial — available when there is no will, no unpaid debts, and the heirs agree. The estate is settled by a public instrument (Self-Adjudication for a sole heir, or Extra-Judicial Settlement for multiple heirs), published for three consecutive weeks, and registered.
- Judicial — required when there is a will to probate, disagreement among heirs, or outstanding debts. This goes through the courts.
Estate tax must be filed and paid with the BIR before the assets can be transferred, regardless of the route.
Why Get the Document Right the First Time
- Strict formalities — wills and codicils fail if the attestation clause, witnesses, or acknowledgment are wrong
- Publication-ready — settlements include the heirs block and recitals the newspaper and Registry of Deeds expect
- No leftover data — each generation starts fresh from your details
- Preview before printing — see exactly what the parties and notary will sign
Generate Philippine Estate Documents with Legalia
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Start GeneratingFrequently Asked Questions
When can heirs settle an estate without going to court?
Under Rule 74 of the Rules of Court, heirs may settle an estate extrajudicially when the deceased left no will, has no outstanding debts (or the debts are paid), and all heirs are of legal age (or minors are represented). The settlement is by public instrument, filed with the Registry of Deeds, and published once a week for three consecutive weeks in a newspaper of general circulation.
What makes a Philippine will valid?
A notarial will under the Civil Code must be in writing, subscribed by the testator at the end, attested and subscribed by at least three credible witnesses in the presence of the testator and one another, contain an attestation clause stating the number of pages, and be acknowledged before a notary public. Strict compliance with these formalities (Arts. 804–806) is required.
What is the difference between self-adjudication and extra-judicial settlement?
An Affidavit of Self-Adjudication is used when there is a single sole heir who adjudicates the entire estate to themselves. An Extra-Judicial Settlement of Estate is used when there are two or more heirs who divide the estate among themselves by agreement. Both require publication and are filed with the Registry of Deeds.
Do I need a paid plan to generate these documents?
The guides and samples here are free to read. The Affidavit of Death is free to generate on Legalia. The Last Will, Codicil, Extra-Judicial Settlement, Self-Adjudication, and Deed of Donation are available on the Ultra plan, which also includes Word export and AI Polish.