When the owner of a property dies, the land title must be transferred to the heirs. This process is called a Transfer of Title via Extrajudicial Settlement (if there is no will and all heirs agree) or through Judicial Settlement (if there is a will or disagreement). This guide covers the step-by-step process.
What You Need
- Death certificate from PSA
- Original Transfer Certificate of Title (TCT)
- Tax Declaration and recent tax receipts
- BIR Certificate Authorizing Registration (CAR)
- Notarized Deed of Extrajudicial Settlement
- Proof of publication
Step-by-Step Process
- Secure the death certificate — Request from PSA.
- Contact the BIR — File the Estate Tax Return (BIR Form 1801) within 6 months from death. Pay the 6% estate tax.
- Obtain the CAR/eCAR — Certificate Authorizing Registration from the BIR.
- Execute an Extrajudicial Settlement — Draft and notarize the Deed of Extrajudicial Settlement with all heirs.
- Publish the deed — In a newspaper of general circulation once a week for 3 weeks.
- Register with the Registry of Deeds — Present the CAR, extrajudicial settlement deed, TCT, and tax clearance.
- Update the Tax Declaration — With the Assessor’s Office.
How Long Does It Take?
The entire process typically takes 2 to 6 months, depending on the BIR processing time and the availability of documents.
Need Legal Assistance?
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Disclaimer: This article is for general information only and is not legal advice. Consult a qualified lawyer for your specific situation.