6 Steps in Settling The Estate of A Dead Person in The Philippines - REALTTORNEY

7/17/2016
6StepsinSettlingtheEstateofaDeadPersoninthePhilippines|REALTTORNEY
6 Steps in Settling the Estate of a Dead

Person in the Philippines
by realttorney | Sep 30, 2013 | Estate Planning, Real Estate in the Philippines | 30
comments
butinthisworldnothingcanbesaidtobecertain,except
deathandtaxes.
BenjaminFranklin,inalettertoJeanBaptisteLeroy,1789
ByRealttorney
With property values rising in the last 6 months, more and more
sellers are motivated to sell real properties to get the maximum
amountofmoneyfortheirbenefit.Theriseinpropertyvaluesisnot
limited only to the National Capital Region, but to all urban and
suburbanareasinvariousprovincesinLuzon,VisayasandMindanao.
Itisafactthattherearenumerousrealpropertiesforsalethatare
stillregisteredinthenamesofthedeceasedparent,grandparentor
nextofkin.Aslicensedrealestateservicepractitioners(RESPs),we
knowthatwhentheregisteredownerofarealpropertyisdeadthe
samecannotbetransferredtothenameofthebuyeruntiltheestate
ofthedeceasedpersonhasbeensettled.
To elucidate, settling the estate of the
deceased means the declaration of all
the properties of the deceased real
and personal and payment of the
correct estate taxes on all the declared
properties with the Bureau of Internal
Revenue(BIR).Nopropertyinthename
of the deceased can be transferred to the name of another person
http://www.realttorney.com/2013/09/30/6stepsinsettlingtheestateofadeadpersoninthephilippines/
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withoutthesettlementoftheestatewhethertestateorintestate.
RESPsshoulddissuadetheirsellerclientsfromresurrectingthedead
tomakeitappearthatthedeceasedexecutedthedeedofsaleofthe
property just to pay capital gains and evade the payment of estate
taxes.
The savings made on paying capital gains tax only is not worth the
troubleofaBIRinvestigation.Itisnotgoodforyoursellerclientas
wellastotheRESPswhoadvisedsuchamodeoftransfer.
Do what is right. Prepare the documents for the extrajudicial
settlementoftheestatewhentherehasbeenorpriortoameeting
ofthemindsbetweenthebuyerandseller.
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Here are 6 simple steps to follow when settling the estate of a

deceasedpersoninpreparationtosellthepropertytoaninterested
buyer:
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STEP 1: Fill out BIR Form 1904 (Application for

Registration). All parties that transact with the BIR should
haveavalidTaxIdentificationNumber(TIN).Normally,Form
1904 is used to verify the TIN of the seller as well as the
buyer. But in payment of estate taxes, the estate of the
deceased will have to have a separate TIN from the seller
heirs.
In filling out Form 1904, here is what to do: (a) on the
Taxpayer Type, mark with an X the box indicating One
Time Taxpayer (b) on Classification, mark with an X the
boxindicatingNonindividualand(c)onSex,markwithan
Xtheappropriateboxindicatinggenderofthedeceased.
Next, write ESTATE OF [THE DECEASED PERSONS NAME]
in the space provided for the Taxpayers Name. On the Civil
Status, mark with an X the appropriate box indicating civil
statusofthedeceased.OntheDateofBirth,writethedateof
death of the decedent as it appears in the Certificate of
Death.
WritetheLocalAddressofthedecedentinthespaceprovided
for.TakenotethattheLocalAddressofthedecedentshould
betheoneindicatedinthedeathcertificate.
If the person dies abroad and has no residence in the
PhilippinesfillouttheForeignAddressbywritingtheaddress
indicatedinthedeathcertificate.Insuchacase,thefilingof
the Estate Tax Return should be made at the BIR Revenue
DistrictOffice(RDO)No.39(SouthQuezonCity).
Finally,putanXontheboxindicatingTransferofProperties
by Succession (Death) and on Tax Types mark an X the
boxindicatingEstateTax.Remembertoindicatethenameof
the Taxpayer/Authorized Agent and sign the same. It is
important to attach a photocopy of the certified copy of the
CertificateofDeathtoForm1904.
STEP 2: Prepare the mandatory documentary
requirements to be submitted to the BIR for the
settlement of estate of a deceased individual. You can
getacopyoftheChecklistofDocumentaryRequirements by
clicking on the link. Go to page 3 and 4 of the document to
findthelist.
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STEP 3: Prepare BIR Form 1801 (Estate Tax Return).

Fill up the name and the TIN of the Estate on the spaces
provided in Form 1801. The ONETT Officer of the Day will
assist you in filling out the rest of the form based on the
computation he/she has made based on the review of the
documentspresented.However,iftheestateofthedeceased
is more than P3 million then it would be wise to consult a
certifiedpublicaccounttodeterminetheinitialcomputationof
thetaxableestate.
STEP 4: Pay the estate tax as computed. You can pay
the estate tax with an Authorized Agent Bank (AAB) of the
RDO having jurisdiction over the place of residence of the
decedentatthetimeofhis/herdeath.
Cash is best to settle the estate tax. But if the tax due is a
large amount and security would be a problem for the one
payingitthenthesamecanbepaidbymeansofaManagers
orCashiersCheck.
IfpaymentismadethroughaManagersorCashiersCheck,
the following should be written as payee: [BANK, BRANCH]
FAO BUREAU OF INTERNAL REVENUE IFO [TAXPAYERS
NAME] [TIN OF TAXPAYER]. However, if you will pay the
estate tax using a AAB that is a government financial
institution like Landbank of the Philippines, then the payee
maysimplybeBUREAUOFINTERNALREVENUE.
STEP 5: Submit all documentary requirements and
proof of payment to the RDO having jurisdiction over
theplaceofresidenceofthedecedent.Uponsubmission
oftherequirementsandproofofpayment,theONETTOne
Time Transaction will issue a Claim Stub with a reference
number. When you follow up if a Certificate Authorizing
Registration (CAR) has already been issued then you only
needtogivethereferencenumber.
Please note that the processing of estate taxes requires a
minimumof60daysbytheBIR.Dependingonthereviewof
thedocuments,theBIRhastherighttorequiretheheirsfor
additional requirements especially in connection to any
deductionsclaimedbytheestate.
ThereisaP1millionstandarddeductionforallestates.Ifone
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of the properties being settled is the family home then a

barangay certificate should be presented to certify that the
decedent is a bona fide resident of the barangay where the
family home is located, if the deduction of P1 million for the
family home will be claimed. The family home should be in
the name of the decedent in order for the deduction to be
claimed.
STEP 6. Wait for the release of the Certificate
AuthorizingRegistration.UponthereleaseoftheCAR,the
propertycannowbesoldtoabuyer.TheCAR,alongwiththe
transferring document Extrajudicial Settlement of Estate,
Affidavit of SelfAdjudication, etc. and the Tax Clearance
Certificate should be part of the documents to be presented
whenpayingthecapitalgainsanddocumentarystamptaxes
coveringthesaleoftheproperty.
Somebuyers,however,wouldwanttohavethetitleandtax
declarations of the real property in the name of the heir or
heirs before they finalize the purchase of the property. In
suchacase,theRESPshouldprocessthepaymentoftransfer
tax to the LGU concerned and the registration fees with the
RegistryofDeedshavingjurisdictionoverthelocationofthe
realproperty.
The same process mentioned above will govern if the
transferringdocumentisanExtrajudicialSettlementofEstate
withSale.
A final note should be made to alert RESPs and the concerned
readers. If the Extrajudicial Settlement of Estate contains a waiver
of some sort for and in favor of a particular heir or heirs, the BIR
shallassesstheHeirsadditionaltaxesintheformofadonorstax.
The BIR considers such waiver as a donation on the part of the
waivingheir/stotherecipientheir/s.ThishasbeenrulingoftheBIR
whenCommissionerHenarestookthehelmofthebureauin2010.
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May 30, 2015
In "Real Estate in the
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30 Comments
Ines G. Miguel on July 23, 2014 at 20:34
CLARIFICATION WHERE TO FILE ESTATE TAX OF A DEAD OFW
Sir:
My sister Imelda Galate died June 6, 2014 in Canada but a resident of
Sayangan, Paoay, Atok, Benguet. She work in Canada for almost 7 years
and went home March 2014 to attend his Sons graduation. Where will
we le estate tax is it BIR CAR of BIR Quezon City?
Thank you.
Reply
realttorney on August 5, 2014 at 21:06

Hi Ines,
Please le your Estate Tax Return at the Revenue District Oce
No. 39 in Quezon City. Condolence on the passing of your sister.
Atty. Jojo
Reply
Jon serrano on September 4, 2014 at 20:40

Hi atty,
Just want to ask your opinion. We want to sell our present house. The
title is under my parents name. My father died already and we have
already have an extra judicial settlement. Remaining heirs is my mom,
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me and my other 4 siblings. My mom already want to sell our house. Me

and my other 2 siblings are ok to sell while my other 2 siblings do nit
want to sell.
What do we need to do if they refuses to sign the deed of sale
Reply
realttorney on September 5, 2014 at 12:34

Hi Jon,
In your case, the parties who want to sell the property may buyout the share of the parties who do not want to sell. Or it can be
the other way around, those who do not want to sell the
property may buy-out the share of the parties who want to sell
the property.
Best of luck.
Atty. Jojo
Reply
katherine on January 16, 2015 at 07:50

Great article. Thanks for the info, its easy to understand. BTW, if anyone
needs to ll out a bir form 1801, I found a blank form here
http://bit.ly/1IEwk0B
Reply
Val de Galicia on February 24, 2015 at 18:32

Hi atty.,
We want to acquire a property but my concern is that the title was
named in a married couple but the wife is already 25 years deceased.
They didnt update it at the bir. They also had 2 son in a legal age, but
the one already left them and wasnt able to visit them in a long time. We
are planning to mortgage it with the bank but how can we proceed to
buy the property without incurring any problem with the title and to
their children? Thanks much.
Reply
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7/17/2016
realttorney on May 11, 2015 at 18:53

Hi Val,
You have to insist with the seller that they settle the estate of the
deceased wife. This means that estate taxes should be paid with
the BIR before any sale can be nalized. If the sellers have the
capacity to pay the estate taxes then they should do it
immediately. If not, you can negotiate to advance the payment of
the estate tax but this will be deducted to the total purchase
price of the sale of the property.
The best scenario for you is to consult a professional (a lawyer or
broker who has great experience in crafting such deals) and
show him/her all pertinent and relevant documents so that you
will receive proper guidance and valuable pieces of advice as
regards your situations. A consultation with the professional may
save you a lot of heartaches and headaches in the future.
Best of luck,
Atty. Jojo
Reply
Rosemarie on March 30, 2015 at 08:04

Would like to know if this also applies to loyola memorial lots and their
other contracts such as Interment/Memorial Services and also to shares
of stocks. My father died in 2004 but it was only in July 2014 that my
siblings and I were able to make an extrajudicial settlement on my
fathers memorial lot and shares of stocks (of little value though since
they are only mining and drilling stocks). Would it still be advisable to
pursue the process? The Extra-Judicial settlement and SPA documents
though were already authenticated by the Philippine Consulates in
Canada. Was just wondering on the next step to take.
Reply

Hi Rosemarie,
Yes, an extrajudicial settlement of estate is necessary to transfer
ownership of memorial lots and shares of stocks, because they
are forms of real and personal properties, respectively.
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Would it still be advisable to pursue the process despite the fact

that the value of stocks are very minimal? It depends on how you
value (not in peso terms) the properties left by your late father.
You can ignore it and somehow the corporations holding the
stocks and the lots will nd a way to dispose of it or take it back
or give to government.
Pursuing it entails payment of estate taxes, transfer costs and
other expenses. You are in the best position to do the
computation as to how much will be spent for taxes and
expenses, in all. But, I can tell you that you have taken several
steps towards settlement of the estate by having the documents
authenticated by the our Consulates in Canada.
The next step to take is to follow the things outlined in the
article. Go back to the article and download the list of
documentary requirements needed. I apologize that the same
was not a live link. Prepare the documents and follow the steps.
Or you can hire a professional to do it for you.
Good luck.
Atty. Jojo
Reply
Menandro San Pedro on April 9, 2015 at 02:08

Sir I just want to askwe bought a parcel of land to a person but died
recently giving only the Deed of absolute sale as she kept on promising
the land title will be subdivided among the buyers of a big property.
The Sole heir then denies the responsibility of conveying out bought
property and denies responsibilities of paying the survey, approval of
surveys, and having the title be partitions. We led Civil case against her
and also criminal case due to Falsifying the signature of her deceased
mom on the approved plan that they applied (not including our land on
the plan surveyed plan though land was paid almost 10 years already)
Reply

Hi there,
What is the question you wish to ask?
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Atty. Jojo
Reply
claribel david on May 13, 2015 at 10:54

Sir, is it cheaper (in terms of transfer taxes and registration fees) to do:
(a) a single transaction Extrajudicial Settlement of Estate with Absolute
Sale where the title is transferred from decedent directly to buyers; or
(b) two separate transactions Extrajudicial Settlement of Estate to
transfer title from decedent to heirs, and then Deed of Absolute Sale to
transfer from heirs to buyers?
Reply

Hi Claribel,
Thank you for your email. Whether you do option A or B, the BIR
will always require the payment of estate tax (for the settlement
of the estate) rst. Thereafter, BIR will require the payment of
capital gains and documentary stamp tax (for the sale). The
number of document that is made does not control what tax
liability will be imposed.
Each option has its own pros and cons. So ask your lawyer which
is best for your situation.
Warm regards,
Atty. Jojo
Reply
Marilou on May 28, 2015 at 10:15

Good day Atty,
Our mother died 5 years ago and pass away without a last will. We are a
family of 7 children. I have encoutered the terms like Inheritance Tax,
Extra Judicial Settlement but have not given it much attention till now
that we want to sell our Mothers house.
Can you please help me understand this further and how to go about it?
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7/17/2016
Reply
Marilou on May 30, 2015 at 09:35

Hi Attorney,
Our mother died 5 years ago.Unfortunately there was no last will. We
are family of 7 children. At this point in time we want to sell some
properties still under my moms name. We havent led any document
from the time of her death.. But I have been told about Inheritance tax
and Extra Judicial Settlement
I need your advice on how to and where to start.. Thank you Attorney.
Reply
Christian on May 31, 2015 at 10:20

Hi Atty. Jojo
I would like to consult this situation. I am a tenant and paying my
monthly rent to a bank who administers the collection of my rent. Now
the bank is already close and no notice is deliverd on where should we
continue paying. Then decades past a heir claiming that he has the
rights over property were we living, together with s.p.a. of his sister and
brothers authorizes him to negotiate with us. He also have an
unnotarized extrajuducial settlement. My question is, this an enough
proof that should pay our monthy rent to him or should we ask for a
endorsement letter from pdic(since the bank on we have contract as
leasee is closed)? Also the extra judicial settlement is just this year but
the deceased is already more than a decade. I want to validate if the
settlement is valid as I read that this settlement must be done in longest
is 6months after the death of the owner. Im want to know these process
and be at the right path beacause I want to buy this property.
Any advise on where to go is highly appreciated thanks for reading more
power Atty.
Reply
realttorney on June 5, 2015 at 19:33

Hi Christian,
The rst thing you have to do is to verify with the Registry of
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Deeds who is the registered owner of the property as indicated

in the land title covering the house you are renting. Also visit the
Assessors Oce where the property is located and get a copy of
the tax declaration of the property you are renting and compare
it with the land title to see if the registered owner indicated in
both documents are one and the same.
If the registered owner is still the bank that was closed by PDIC
then verify with PDIC if the property has been sold to the person
(or his/her heirs) who is claiming ownership at the house and lot.
It is a long and tedious process if you will want to purchase the
property yourself. For this you have to personally consult a
professional and show him/her the documents that I have
enumerated above so that proper advice can be given to you.
There are certain peculiarities that may arise based on the
documents that you will gather that cannot be touched upon in
this reply and is best shown to an experienced professional of
your choice.
Good luck.
Atty. Jojo
Reply
Ai on June 15, 2015 at 21:51

Hi Atty Jojo
Thank you for having this blog it is really helpful. I have the following
questions:
1. How to notify death to bir? is it thru letter or the application for
registration for the TIN of the estate suce?
2. If the time of death is Jan 6 2015 and notication and ling will be
done only this middle of june. Will it already incur penalties and interest
already?
3. Does the real/personal properties only includes those under the
deceased name and/or conjugal prop (where both are named) and not
include those under the surviving spouse name?
Will wait for your response. Many thanks in advance.
Reply

12/20
7/17/2016
Hi Ms. Irene,
Thank you for your email. For the answers to your queries,
please read the latest article I just posted. Kindly click here for
the link: The 1st Thing You Have To Do in Settling the Estate of a
Deceased Person
Atty. Jojo
Reply
Amy on June 16, 2015 at 05:51

Hi Atty Jojo,
My dad died April 2 9f this year and left me and my sis a will bestowing
us house and lot and about 9 parcels of land to be divided equally. We
know we have to pay estate tax but we cant aord the full payment. My
dad died here in US and I am also a US citizen already.Where do we have
to apply for the estate tax payment? There is also an interested buyer of
one of the parcels can we settle the estate tax after sale is made? And by
the way the titles of the properties are in our grandmothers name still
not my dads and there is no other heirs except me and my sis. Thank
you Atty. Jojo in advance.
Best regards,
Amy
Reply

Hi Amy,
Thanks for the email. Since your Dad died in the US, the ling of
the estate tax return should be in RDO No. 39, Quezon City.
You have to settle and pay the estate tax (for all 9 parcels) before
you can legally sell the property to any buyer. But since the
properties are in the name of your grandmother then the estate
of your grandmother must be settled rst before settling the
estate of your father.
Seek professional assistance for your case as this is a
complicated transaction. Good luck.
Atty. Jojo
13/20
7/17/2016
Reply
Andrea Cabotaje on June 16, 2015 at 18:12

Hi There! My Lolo is US citizen when he died in California. Theres a land
situated in Bulacan. My dad whos here in Canada is the only surviving
son. the caretaker is interested to but the land. How can we initiate the
transfer of ownership if my dad is here in Canada. Can one of my family
member process the above 6 steps on my dads behalf? do we need to
send any docs in the philippines? and do we still need to hire a lawyer.
the land is only worth 1.1M thanks!
Reply

Hi Ms. Andrea,
Thank you for the question.
If your father is in Canada, then he will just have to appoint an
Attorney-in-fact to represent him in the settlement of the estate.
He will have to execute a Special Power of Attorney for this
purpose. The attorney-in-fact should be a trusted relative of you
father.
For this transaction, I suggest you seek professional assistance
from an experienced lawyer who can guide you through the
process since you are abroad. Good luck!
Atty. Jojo
Reply
Remy V. Casantusan on June 26, 2015 at 13:49

Dear Atty. Jojo,
I would like to ask if a partial extra judicial settlement is acceptable. My
mother died leaving no will. She has a small property in Laguna with
house, 160sq.m. to be exact. She also left few stocks of Meralco.
Thank you for your advise.
Reply
14/20
7/17/2016
Reply

Hi Remy,
You cannot settle the estate of your mother piecemeal. It has to
be done fully and completely and just one time. If you settle it
partially then you will incur penalties from the BIR.
Thanks for the email. Best wishes as well.
Atty. Jojo
Reply
Jennifer N on June 27, 2015 at 00:29

Hi atty,
I bought a property of a deceased person but it was adjudicated to his
son/heirs whos still alive and married without children, his siblings are
already deceased but some of his nephews were claiming the said
property eventhough their uncle or the heir of the property are still alive
but sick. What kind of document I need to execute for my safety? The
seller and me already executed deed of absolute sale. Is there any
documents i need to provide to process the transfer of title? Thank you..
Reply

Hi Jennifer,
You need to settle the estate of the person whose name appears
in the title and ownership documents you just purchased. You
cannot transfer the title in your name without rst settling the
estate of the deceased individual.
Please consult an experience professional to help you the entire
process. Good luck.
Atty. Jojo
Reply
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7/17/2016
Louie Gabrielle on June 27, 2015 at 12:04

Good Day Attorney,
I am currently settling a purchase of land in Pangasinan. The owner of
the land I bought is dead but his wife is still alive. The title of the land is
registered to both of them. They have 11 children. The father (land
owner) died without last will and testament. Please advice me of the
steps I need to do to x the transfer of the land title to me and what are
the requirements or papers needed.
Thank You in advance
Reply

Hi Louie,
You have to settle the estate of the registered owner who
already passed away. The wife and the 11 children should
execute an Extrajudicial Settlement of Estate and have it
processed by the BIR. Read through the other articles I have
written and posted in the website about the settlement of estate.
AFter the settlement of estate, the BIR will issue an eCAR which
you will use as additional documentation for the processing of
the sale of the parcel of land. As always, I advise that you seek
assistance from an experienced professional as you undergo this
somewhat complicated process.
Good luck,
Atty. Jojo
Reply
Michael Salero on July 10, 2015 at 08:00

Good morning Attorney,
My deceased grandmother has this piece of 1,000sqm land located in
the province of Bohol. My grandmothers children, including my mother,
have decided to sell the land and I am interested on it. Now, my concern
is that, the land is not titled. It was granted to my grandmother through
a Free Patent and the only documents available are the vicinity map and
tax declaration.
16/20
7/17/2016
My question is, if I buy this property can I have it registered and titled
later on? If so, how?
Thank you very much for your help.
Reply
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6 Steps in Settling the Estate of a Dead

Here are 6 simple steps to follow when settling the estate of a

STEP 1: Fill out BIR Form 1904 (Application for

STEP 3: Prepare BIR Form 1801 (Estate Tax Return).

of the properties being settled is the family home then a

The 1st Thing You Have

3 Reasons Why You

What Does It Mean to

realttorney on August 5, 2014 at 21:06

Jon serrano on September 4, 2014 at 20:40

me and my other 4 siblings. My mom already want to sell our house. Me

realttorney on September 5, 2014 at 12:34

katherine on January 16, 2015 at 07:50

Val de Galicia on February 24, 2015 at 18:32

realttorney on May 11, 2015 at 18:53

Rosemarie on March 30, 2015 at 08:04

realttorney on May 13, 2015 at 21:03

Would it still be advisable to pursue the process despite the fact

Menandro San Pedro on April 9, 2015 at 02:08

realttorney on May 11, 2015 at 18:11

claribel david on May 13, 2015 at 10:54

realttorney on May 13, 2015 at 20:47

Marilou on May 28, 2015 at 10:15

Marilou on May 30, 2015 at 09:35

Christian on May 31, 2015 at 10:20

realttorney on June 5, 2015 at 19:33

Deeds who is the registered owner of the property as indicated

Ai on June 15, 2015 at 21:51

realttorney on June 28, 2015 at 08:16

Amy on June 16, 2015 at 05:51

realttorney on June 28, 2015 at 08:23

Andrea Cabotaje on June 16, 2015 at 18:12

realttorney on June 28, 2015 at 08:26

Remy V. Casantusan on June 26, 2015 at 13:49

realttorney on June 28, 2015 at 08:48

Jennifer N on June 27, 2015 at 00:29

realttorney on June 28, 2015 at 08:51

Louie Gabrielle on June 27, 2015 at 12:04

realttorney on June 28, 2015 at 08:57

Michael Salero on July 10, 2015 at 08:00

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