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Estate & Authority · Heirs · Estate representatives

Extrajudicial Settlement of Estate

Also known as estate settlement, partition among heirs, or EJS.

Read the sample Extrajudicial Settlement of Estate

For heirs dividing the estate of a family member who left no will and no unpaid debts, without going to court.

Formalities required. Validity depends on how it is signed, witnessed, notarized, or registered. Follow the execution steps exactly.

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  • 9 guided steps
  • Independent Philippine estate-lawyer review required before signing or filing

Sample with fictional details. Read more of it →

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  1. Answer the guided questions

    9 short steps, in plain language. Watch the document take shape as you go. No card, and no account needed to try it.

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What is an Extrajudicial Settlement of Estate?

An Extrajudicial Settlement of Estate is a document that records how the estate of a person who has died is settled among the people entitled to it.

What this template does. Prepare an eligible all-heirs Rule 74 public deed after intestacy, heirship, no-debt, asset, partition, publication, bond, estate-tax, eCAR, and transfer routing.

Also searched as

  • estate settlement
  • partition among heirs
  • EJS
  • deed of extrajudicial settlement

Commonly used by

  • Heirs
  • Estate representatives

Legal considerations

Formalities required. All heirs must participate through valid capacity/authority, no outstanding debt or competing proceeding may remain, and professional heirship, tax, publication, bond, eCAR, title and transfer processing is required.

How it is signed

Depends on the route you choose. How it must be signed depends on the choices you make in the questions. Your signing checklist states exactly which formalities apply to your version.

What it draws on

  • Rules of Court Rule 74
  • Civil Code on intestate succession
  • TRAIN estate-tax rules
  • BIR Form 1801 and RMC 33-2026
  • Registry and issuer requirements

The exact provisions, with links to the official text, are listed under the Philippine law behind it.

How to complete your Extrajudicial Settlement of Estate

The guided interview takes you through 9 steps. The document updates as you answer, and some questions appear only when your earlier answers make them relevant.

  1. Step 1

    Confirm the Rule 74 route

    This route is available only when the decedent died intestate, left no outstanding debts, and all heirs participate or minors are duly represented.

    Up to 6 questions
  2. Step 2

    Establish death, domicile and marital property

    Death and last domicile drive succession, tax jurisdiction, venue, publication context, and the surviving spouse's separate share. The estate-tax return is due one year after death, and the local transfer tax 60 days after death.

    Up to 15 questions
  3. Step 3

    Identify every legal heir

    Rule 74 does not bind an heir who did not participate or had no notice. Heirship must follow intestate succession, filiation, adoption, representation, and marital-status records. The Registry of Deeds and the BIR need each heir's citizenship, civil status, and TIN.

    Up to 71 questions
  4. Step 4

    Prove there are no outstanding debts

    The two-year presumption is not a declaration that creditors have vanished. Publication and bond protect claims but do not erase valid rights.

    Up to 5 questions
  5. Step 5

    Inventory the entire estate

    Every registrable asset needs the exact source record, ownership share, date-of-death value, liens, and issuer-specific transfer route. Bank deposits, vehicles, shares, and household items are all personal property, and the Rule 74 bond equals their total value.

    Up to 19 questions
  6. Step 6

    Define the adjudication or partition

    The plan must allocate every asset and reconcile hereditary shares. Unequal allocations, waivers, sales, and equalization payments can create separate tax and conveyance consequences.

    Up to 6 questions
  7. Step 7

    Build the BIR estate-tax file

    The tax law at death controls. The estate-tax return is due within one year of death; late filing adds surcharges and interest. New estate-tax-amnesty availment closed in 2025; a timely paid amnesty case may still need settlement proof for eCAR under current 2026 BIR guidance.

    Up to 11 questions
  8. Step 8

    Plan publication, bond and transfers

    Rule 74 requires publication once a week for three consecutive weeks in a newspaper of general circulation in the province, and a bond equal to the certified value of all personal property as a condition before Registry filing.

    Up to 7 questions
  9. Step 9

    Execute and file the correct instrument

    A registrable instrument is signed by every party in the presence of two instrumental witnesses, who also sign. All of them sign the left margin of every page, and the notary states the page count. A multiple-heir deed is acknowledged; a sole heir swears to and acknowledges the affidavit.

    Up to 7 questions

Sample Extrajudicial Settlement of Estate

This is how the opening of a finished document reads. Every name, address, and amount is invented. Your own document is built from your answers, so its wording changes with them.

8 clauses, about 1,011 words in the complete sample.

Deed of Extrajudicial Settlement of Estate

Republic of the Philippines · Rule 74 engineering draft · Template v0.2.0

DECLARATIONS AND AGREEMENT

We, Elena Villanueva-Ramos, Filipino, of legal age, married to Paolo Ramos, TIN 234-567-890-000, residing at 14 Kamagong Street, Barangay Pinyahan, Quezon City 1100, the decedent's daughter (legitimate child of the decedent); Marco Antonio Cruz Villanueva, Filipino, of legal age, single, TIN 345-678-901-000, residing at Unit 5C, Narra Residences, Mandaluyong City 1550, the decedent's son (legitimate child of the decedent), declare and agree:

1. Ramon Cruz Villanueva, Filipino, TIN 123-456-789-000, died intestate on March 4, 2026 at Quezon City, with last legal domicile at 27 Molave Street, Barangay Pinyahan, Quezon City 1100. No will or codicil was found after the documented search, and no probate or administration proceeding is known to be pending.

2. The certified death record is: PSA-issued certified death certificate, Registry No. 2026-0412, Civil Registry of Quezon City. The decedent's civil status at death was widowed. The decedent's spouse, Teresita Santos Villanueva, died before the decedent, and that spouse's estate, including the liquidation of the property of that marriage, was settled as follows: The estate of Teresita Santos Villanueva, who died on 10 July 2019, including the liquidation of the conjugal partnership, was settled by a Deed of Extrajudicial Settlement notarized in Quezon City on 14 February 2020, with estate tax paid and the BIR eCAR issued on 2 June 2020.. Only property that belonged to the decedent at death, including the decedent's share in the former marriage's property and any share the decedent received from the late spouse's estate, is settled here.

3. We are all the verified intestate heirs, all of legal age. The complete succession and representation basis is: The decedent was a widower who died intestate and was survived by his two legitimate children, who inherit in equal shares by intestate succession.. The primary records are: PSA birth certificates of both children, the PSA marriage certificate of the decedent and his late spouse, and the PSA death certificate of the late spouse..

4. The debt investigation was: The heirs reviewed bank, credit-card, utility, and tax records, made inquiries with known creditors, and searched court records in Quezon City.. Supporting proof is: Paid-in-full certificates, official receipts, and a barangay and court clearance retained by the heirs.. The estate has no outstanding debt requiring administration; this statement does not extinguish a valid claim of a creditor or nonparticipant protected by Rule 74.

5. The estate assets are fully described in the schedules below from current title, tax, issuer, valuation and possession records. Known liens and restrictions are: None known after current registry and creditor review..

SCHEDULE A — REAL PROPERTY

Residential lot and house at 27 Molave Street, Quezon City, Transfer Certificate of Title No. 0012345, about 180 square meters, registered in the decedent's name and free of mortgage.

Schedule A covers one (1) parcel of land.

SCHEDULE B — OTHER PERSONAL PROPERTY

Household furniture, appliances, and jewelry, valued in the heirs' inventory at the date of death.

Value of the other personal property: ₱400,000.00.

SCHEDULE C — FINANCIAL ASSETS

Savings account no. ending 4821 at Bayanihan Savings Bank, Quezon City branch.

Date-of-death value of the financial assets: ₱850,000.00.

ADJUDICATION AND PARTITION

We adjudicate and partition the entire net estate according to this asset-by-asset plan: The Quezon City lot and house are adjudicated one-half to each heir as co-owners pro indiviso; the bank deposit and personal property are divided equally.. The resulting shares are 50% to Elena Villanueva-Ramos; 50% to Marco Antonio Cruz Villanueva.

This instrument does not transfer the surviving spouse's separate share, another person's property, an omitted asset, or an interest subject to a separate required conveyance/approval merely by describing it here.

No separate sale, donation, gratuitous waiver, or equalization payment is represented as occurring outside the shares and asset partition expressly stated above.

PUBLICATION, BOND, TAX AND REGISTRATION

The fact of this extrajudicial settlement will be published once a week for three consecutive weeks in Balita Metro Weekly, a newspaper of general circulation in the province where the decedent last resided. Publication does not bind a person who did not participate or had no notice beyond what law permits.

The total value of all personal property of the estate, including the financial assets, vehicles, shares and business interests, and other personal property in the schedules above, is ₱1,250,000.00, as certified under oath by the undersigned heirs. A bond in that amount will be filed with the Registry of Deeds simultaneously with, and as a condition precedent to, the filing of this instrument, conditioned on the payment of any just claim under Rule 74, Section 4.

The estate-tax return has been filed and the estate tax paid. The parties' application for the BIR electronic Certificate Authorizing Registration (eCAR) is being processed. Applicable Revenue District Office: BIR Revenue District Office covering the decedent's last domicile in Quezon City.

After tax clearance/eCAR, the parties will complete: Obtain the BIR eCAR, local transfer-tax clearance, Registry of Deeds transfer, assessor update, and each asset issuer's transfer approval.. Relevant Registry of Deeds: Registry of Deeds of Quezon City.

The rest of the document covers

  • RESERVATIONS AND UNDERTAKINGS
  • ACKNOWLEDGMENT — FOR THE NOTARY PUBLIC TO COMPLETE

No free download for this document. Settling an estate depends on every heir, debt, and asset being right, and a copied sample can bind or omit people. Build yours through the guided questions instead.

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  • 30 days of included revisions

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  • Signing and execution checklist

    Plain steps for signatures, witnesses, notarization, registration, or tax filing where the document needs them.

  • Legal source record

    The Philippine statutes, rules, and provisions behind the template, with the date each was last checked.

Read the guide first.

Before you start.

How much is the Extrajudicial Settlement?
₱899, paid once. The interview and live preview are free, and the price covers the Word and PDF files, 30 days of revisions, and your account copy. There is no subscription. See all pricing →
How long does it take?
The guided interview has 9 steps and up to 147 questions. Some questions only appear when they apply to your situation, so you may answer fewer. You can read the document as it builds, and sign in to save a draft and finish later.
Do I need a notary?
Depends on the route you choose. How it must be signed depends on the choices you make in the questions. Your signing checklist states exactly which formalities apply to your version. Your signing checklist lists the exact steps for your version.
Is it reviewed by a lawyer?
This template’s current status is: Independent Philippine estate-lawyer review required before signing or filing. LAW.PH is legal self-help software, not a law firm, and will not describe a document as lawyer-reviewed until an independent Philippine lawyer has approved this exact version.
Is there a free template?
You can read the sample on this page for free. Settling an estate depends on every heir, debt, and asset being right, and a copied sample can bind or omit people. Build yours through the guided questions instead.
Can I change it after I buy it?
Yes. For 30 days you can create a separate revision draft, update your answers, and download the revised files at no extra charge. The version you originally bought is preserved unchanged.
Which law does it follow?
It is drafted under Philippine law and relies on 10 official sources, each listed above with the provisions used and the date it was last checked.
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