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

Transfer of Inherited Property

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

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)

Related Post

Checklist of Documentary Requirements – Estate TaxChecklist of Documentary Requirements – Estate Tax

A. Mandatory Requirements (Taxable/Exempt) Tin of EstatePhotocopy of the death certificate, subject to presentation of the originalany of the following:Affidavit of self adjudicationDeed of extra judicial settlement of the estate, if the estate has been settled extra judiciallycourt order if settled judiciallysworn declaration of all properties of the estateOfficial receipts/deposit