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  1. An extrajudicial settlement of estate is done by executing an “Extrajudicial Settlement Among Heirs”. This is a legal document specifying: 1. Compliance with the legal conditions for an extrajudicial settlement 2. Description of the properties to be extrajudicially settled (title number, value, location, lot size, technical description, etc ...

  2. Nov 17, 2022 · What are the Requirements for an Extrajudicial Settlement of Estate? The deceased left no will and no debts. All the legal heirs must be of legal age (or the minors have legal representatives) and must be in agreement with the division of the assets.

  3. Depending on the circumstances, the Estate of the Decedent may be settled extrajudicially, that is, outside of court. In this article, we discuss the circumstances when extrajudicial settlement may be done by the heirs, and how to go about the process.

  4. Nov 14, 2023 · For an extrajudicial settlement to be valid, it must comply with several legal requirements. First, all heirs must be of legal age and mentally competent. Second, the heirs must execute a public instrument or affidavit of extrajudicial settlement.

  5. Section 1. Subject matter of special proceedings. — Rules of special proceedings are provided for in the following cases: (a) Settlement of estate of deceased persons; (b) Escheat; (c) Guardianship and custody of children; (d) Trustees; (e) Adoption; (f) Rescission and revocation of adoption; (g) Hospitalization of insane persons;

  6. Apr 22, 2024 · Key Legal Requirements: Eligibility of Heirs: All heirs must be of legal age, or minors represented by their legal guardians or parents. All must be legitimate heirs under Philippine law. Unanimous Agreement: All parties involved must agree to the terms of the settlement and must sign the deed voluntarily.

  7. Jul 3, 2024 · Full Agreement Required: All heirs must agree on the settlement terms. Any disagreement necessitates judicial intervention. Publication Requirement: If real property is involved, the publication process must be strictly followed to avoid nullification.

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