What Is an Extrajudicial Settlement of Estate with Sale?
An Extrajudicial Settlement of Estate with Sale is a single notarized public instrument that does two jobs at once: the heirs of a person who died without a will (1) settle and adjudicate the estate among themselves under Section 1, Rule 74 of the Rules of Court, and (2) sell the inherited property to a buyer in the very same document. Instead of executing a separate Extrajudicial Settlement and then a separate Deed of Absolute Sale, the two are fused — producing a clean title chain (deceased → heirs → buyer) with one notarization, one BIR run, and one registration.
It is also known as a Deed of Extrajudicial Settlement of Estate with Absolute Sale, an EJS with Sale, an Extrajudicial Settlement with Deed of Sale, or simply Extra-Judicial Settlement and Sale — different names lawyers and registries use for the same Rule 74 instrument used to sell inherited land.
It is the standard real-world instrument when the heirs have no intention of keeping the inherited property and a buyer is already lined up — the most common scenario being inherited land sold soon after the owner's death.
EJS with Sale vs. a Plain Extrajudicial Settlement
The two documents share the same Rule 74 backbone. The difference is what happens to the property:
- Plain Extrajudicial Settlement — the heirs partition the estate among themselves. There is no buyer and no price. Title transfers from the deceased to the heirs, who keep the property.
- Extrajudicial Settlement with Sale — the heirs settle the estate and immediately sell the property to an outside buyer. It adds a third party (the Vendee), a stated price / consideration, and the conveyance, warranty, possession, and tax-allocation clauses of a deed of sale. The buyer signs and appears before the notary.
Required Elements of an EJS with Sale
- Decedent's identity — full name, date and place of death, civil status
- Surviving heirs — full names, nationality, civil status, relationship to the deceased, addresses
- Property description — area, location, and the TCT/OCT title number and Registry of Deeds
- Declaration of intestacy and no debts — the deceased left no will and no unpaid obligations
- Adjudication clause — how the heirs divide the estate among themselves before the sale
- Sale / conveyance clause — the heirs (as Vendors) SELL, TRANSFER, CEDE, and CONVEY the property to the buyer for a stated consideration
- Warranties — that the heirs are the lawful owners by succession, the property is free of liens (except the Rule 74 lien), and they will defend the buyer's title
- Possession and tax allocation — delivery of possession; who pays the estate tax, capital gains tax, documentary stamp tax, transfer tax, and registration fees
- Publication undertaking — once a week for 3 consecutive weeks per Rule 74
- Signatures and acknowledgment — all heirs (and the surviving spouse, if the property was conjugal/community) and the buyer sign and acknowledge before the notary
Free Extrajudicial Settlement with Sale Template
We, the undersigned heirs of the late Pedro Dela Cruz, namely: Juan Dela Cruz, Filipino, of legal age, single, residing at 123 Mabuhay Street, Barangay San Antonio, Quezon City, Son of the deceased; Ana Dela Cruz, Filipino, of legal age, single, residing at 456 Mabini Street, Barangay Poblacion, Makati City, Daughter of the deceased; and Maria Dela Cruz, Filipino, of legal age, widowed, residing at 123 Mabuhay Street, Barangay San Antonio, Quezon City, surviving spouse of the deceased; hereby declare that:
1. Pedro Dela Cruz died on March 10, 2025 at Quezon City, and is survived by his/her surviving spouse, Maria Dela Cruz, and by the other undersigned heirs.
2. The undersigned are the sole and only surviving legal heirs of the deceased, there being no other heirs, compulsory heirs, or persons legally entitled to participate in the estate known to us, and all of us are of legal age with full civil capacity to execute this instrument.
3. The deceased left the following real 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
The above-described property is covered by Transfer Certificate of Title No. T-123456 issued by the Registry of Deeds of Quezon City.
That the parties acknowledge that the above-described property is conjugal partnership property, and that only the share, rights, and interests of the deceased are the subject of this settlement, without prejudice to the lawful rights of the surviving spouse and other persons, if any. Accordingly, the surviving spouse joins in this instrument to convey his/her own share, rights, and interests in the property to the VENDEE, while only the share, rights, and interests of the deceased are settled and adjudicated among the heirs.
4. The deceased died intestate and left no will; to the best of our knowledge, the deceased left no debts, obligations, or claims unpaid at the time of death and at the time of this settlement; and no proceedings for the settlement, administration, or probate of the estate of the deceased are pending before any court.
5. The heirs hereby adjudicate unto themselves the estate, rights, shares, and interests of the deceased in the above-described property as follows:
The heirs hereby adjudicate the estate to themselves in equal undivided (pro indiviso) shares, share and share alike.
NOW, THEREFORE, for and in consideration of the sum of Two Million Five Hundred Thousand Pesos (2,500,000.00), Philippine currency, receipt whereof in full is hereby acknowledged from the VENDEE, the heirs and the surviving spouse, as the absolute owners of the above-described property by virtue of the foregoing adjudication, do hereby SELL, TRANSFER, CEDE, and CONVEY, absolutely and unconditionally, unto and in favor of Roberto Santos, Filipino, of legal age, single, and residing at 789 Aurora Boulevard, Barangay Kaunlaran, Quezon City (hereinafter the "VENDEE"), and his/her heirs, successors, and assigns, the above-described property together with all the improvements found thereon.
The heirs hereby warrant that they are the lawful owners of the above-described property by right of succession from the deceased; that they have full right and authority to sell and convey the same; that the property is free from all liens and encumbrances, except the inchoate lien in favor of creditors and any omitted heirs under Rule 74 of the Rules of Court; and that they shall defend the VENDEE, and his/her heirs, successors, and assigns, against all lawful claims of any person or entity whatsoever.
The heirs shall deliver actual, peaceful, and physical possession of the above-described property to the VENDEE upon execution of this instrument and full payment of the purchase price.
Unless otherwise agreed in writing, the heirs, as VENDORS, shall be responsible for the estate tax due on the estate of the deceased and the capital gains tax on this sale, while the VENDEE shall be responsible for the documentary stamp tax, transfer tax, registration fees, and all other expenses for the transfer of title.
6. The parties hereby undertake to cause the publication of this Extrajudicial Settlement of Estate with Absolute Sale in a newspaper of general circulation once a week for three consecutive weeks, in accordance with Rule 74 of the Rules of Court.
7. The parties acknowledge that this settlement and sale are without prejudice to the rights of creditors, heirs, or other persons who may have lawful claims under Rule 74 of the Rules of Court, within the period provided by law.
8. This instrument is executed for purposes of settlement, partition, and adjudication of the estate, the absolute sale of the property to the VENDEE, estate tax and capital gains tax processing, issuance of the Certificate Authorizing Registration, and registration with the Register of Deeds and other government offices as may be required by law.
IN WITNESS WHEREOF, we have hereunto set our hands this January 15, 2026 at Quezon City, Philippines.
BEFORE ME, a Notary Public for and in the above jurisdiction, personally appeared the following parties:
| Name | Competent Evidence of Identity |
|---|---|
| JUAN DELA CRUZ | Philippine Passport No. P2345678B |
| ANA DELA CRUZ | Philippine Passport No. P3456789C |
| MARIA DELA CRUZ | Philippine Passport No. P1234567A |
| ROBERTO SANTOS | Philippine Passport No. P4567890D |
known to me or identified by me through competent evidence of identity to be the same persons who executed the foregoing instrument and acknowledged that the same is their free and voluntary act and deed.
This instrument consists of ___ pages, including the page on which this acknowledgment is written, and has been signed by the parties and their instrumental witnesses on each and every page hereof.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
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Unlock & Generate — ₱199 or get All-Access — ₱999/30 daysAfter Signing: Steps to Transfer Title to the Buyer
- Notarize — all heirs (and the surviving spouse, if conjugal/community/co-owned) and the buyer must appear before the notary
- Publish — once a week for 3 consecutive weeks in a newspaper of general circulation; secure the Affidavit of Publication with tearsheets
- File with the BIR — pay the 6% estate tax (within 1 year of death) and the 6% capital gains tax and 1.5% documentary stamp tax on the sale; obtain the Certificate Authorizing Registration (CAR/eCAR)
- Pay the transfer tax — at the local government treasurer's office
- Register with the Register of Deeds — submit the deed, Affidavit of Publication, BIR CAR, and transfer-tax receipt; the old title is cancelled and a new TCT is issued directly in the buyer's name
Watch-Outs Before You Sign
- Intestate only. If the deceased left a will, the estate must go through probate — an extrajudicial settlement (with or without a sale) is not available.
- List every heir. An omitted heir can void the settlement and pursue the property within the Rule 74 two-year window; the buyer takes title subject to that inchoate lien.
- Minor heirs. The deed declares that all heirs are of legal age. If any heir is a minor or incapacitated, court approval or a judicial guardian is required — consult a lawyer.
- Conjugal property. When the property was conjugal, community, or co-owned, the surviving spouse must join the deed to convey his or her own share — not just the deceased's share.