Legal Question in Real Estate Law in Philippines
Transfer of Real Property with Sale of A Deceases Person
what are the procedure in transferring a real property of a deceases person to inhearent with sale of inhearent?
2 Answers from Attorneys
Re: Transfer of Real Property with Sale of A Deceases Person
you have to make extrajudicial partition, have it published in the newspaper for 3 times in 3 weeks, pay taxes to the BIR and then go to the Register of Deeds for the transfer of the title. This is a little bit cumbersome documentation and a hassle really for you to process considering that you are not experienced on this. Try our services instead. Thanks
Re: Transfer of Real Property with Sale of A Deceases Person
There are basically two ways to go about it, judicial and extrajudicial. Judicially, you can file a Petition for Settlement of the Intestate (if there is no will) Estate of the deceased person. It will be the court which will settle the estate, order the payment of taxes, identification of the properties of the estate, and finally you can move for the sale of the property of the deceased. Extrajudicially, you need to execute an Extrajudicial Settlement of Estate, publish the notice for 3 weeks, appoint a co-heir to sign for the estate, and finally transfer the property. The property will initially be transferred in the names of the co-heirs who will then cause the transfer to third parties.