What are the Requirements to Transfer Inherited Real Estate Property in the Philippines?

Posted in QA on August 3rd, 2010 by admin | 2 comments
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Transfer of Inherited Property

1. When the registered owner dies intestate without any debt and the heirs want the title transferred in their names, the following documents must be presented to the Register of Deeds:

a. Deed of Extrajudicial Settlement of Estate (or Affidavit of Adjudication if there is only one heir)

b. Owner’s duplicate certificate of title

c. Affidavit of publication from newspaper that the extrajudicial settlement was published once a week for three consecutive weeks

d. BIR Certificate to Register (after payment of estate tax and documentary stamps)

e. BIR estate tax confirmation receipt

f. Transfer tax receipt (from decedent to heirs)

g. Real estate tax clearance

2. If the property will be sold by the heirs, the following additional documents are required to be presented to the Register of Deeds:

a. Deed of Sale

b. BIR Certificate of authority to Register the Sale (after payment of capital gains or withholding tax and documentary stamps)

c. BIR confirmation receipt for capital gains/withholding tax and documentary stamps

d. Transfer Tax receipt (from heirs to buyers)

e. Articles of incorporation and board resolution (if buyer is a corporation)

To know more about inherited properties, read this article on Punongbayan & Araullo website, click here

  • Cora Rodriguez says:

    I have been paying property taxes on two properties in Palompon,Leyte. The first is farm property which my Aunt asked me to pay 20 yrs. delinquent taxes. Second, I have been paying property taxes for over 20 years on residential property. The Municipal Tax Collectors Office informed me that I could have the properties transferred to my ownership. What is the appropriate document to transfer property?

  • admin says:

    Hi:

    Please go to the Register Of Deeds, Treasurer’s Office and Assessor’s Office and discuss the situation and your intention to transfer the title under your name. They will definitely inform you on the steps to take as well as the documents needed.

    God Bless,

    Virgilio

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