AFFIDAVIT OF SELF-ADJUDICATION OF THE ESTATE OF DECEASED PERSON (SAMPLE)

 

Introduction

        An Affidavit of Self-Adjudication is a legal document executed by a sole heir of a deceased person, declaring that they are the only rightful successor to the deceased’s estate. This affidavit is used when there is no will, and there are no other heirs contesting the claim. It serves as a formal declaration under oath that the affiant (the person executing the affidavit) is the only legal heir entitled to inherit the estate left by the deceased.

        This document is governed by Section 1 of Rule 74 of the Rules of Court of the Philippines, which allows a single heir to adjudicate the estate without court proceedings, provided no other heirs object within two years.

Uses of an Affidavit of Self-Adjudication

  1. Transfer of Ownership

    • Enables the transfer of real estate, vehicles, or other properties to the sole heir’s name.

    • Required by the Registry of Deeds for updating land titles.

  2. Claiming Bank Deposits and Investments

    • Banks require this affidavit before allowing the withdrawal of the deceased’s funds.

    • Used for stocks, bonds, and other financial assets.

  3. Processing Government Benefits

    • Necessary for claiming Social Security System (SSS), Government Service Insurance System (GSIS), and other death benefits.

  4. Selling or Managing Inherited Property

    • Allows the heir to sell or manage assets legally.

  5. Tax Compliance

    • Required for estate tax settlement with the Bureau of Internal Revenue (BIR) before issuing a Certificate of Tax Clearance.

  6. Avoiding Lengthy Probate Proceedings

    • Unlike judicial settlement, it speeds up the transfer of assets without going to court.

Important Considerations

  • The affidavit must be notarized to be legally valid.

  • A bond or publication in a newspaper of general circulation may be required.

  • Any overlooked heirs can contest the affidavit within two years from its execution.

 
BELOW IS A SAMPLE AFFIDAVIT FOR YOUR REFERENCE
 ★☆★
 
REPUBLIC OF THE PHILIPPINES )
CITY OF TANAUAN                       : S.S.
PROVINCE OF BATANGAS          )

AFFIDAVIT OF SELF-ADJUDICATION OF THE
ESTATE OF DECEASED PERSON
 
            I, TERESA S. CACAO, single, of legal age, Filipino citizen and with residence and postal address at Poblacion, Talisay, Batangas, after having been duly sworn an oath in accordance with law, hereby depose and say:

            That I am the only surviving legal heir of my late grandfather MARIANO SORIANO who died intestate on ________________________ at Poblacion, Talisay, Batangas.

            That the said deceased left a parcel of agricultural land and more particularly described and bounded as follows:

“A parcel of agricultural land situated at Brgy. Tumaway, Talisay, Batangas containing an area of Thirty Thousand and Thirty Eight (30,038) Square Meters, more or less; bounded on the North by Guillermo Austria; on the East by Barranco; on the South by Barranco; and on the West by Barranco; covered by Tax Declaration No. 28-0024-00847 of the Assessor’s Office of Talisay, Batangas with an assessed value of  P120,500.00”

            That since the said deceased left no will or testament, I hereby adjudicate and by these presents ADJUDICATE upon myself the above-described property pursuant to the provision of Rule 74, Section 1 of the Rules of Court of the Philippines and hereby files the same with the request that said adjudication be made effective without judicial proceeding as prescribed by the aforementioned Rules of Court.

            That I subscribed to this affidavit that I am the only surviving legal heir of my late grandfather Mariano Soriano.

            IN WITNESS WHEREOF, I have hereunto set my hand, this _____ day of ______________, 2025 at City of Tanauan, Batangas, Philippines.



                       
                                                                                             TERESA S. CACAO
                                                                                                        Affiant

SIGNED IN THE PRESENCE OF:

1. _____________________________                                        2. ____________________________


            SUBSCRIBED AND SWORN to before me, this ____day of ______________, 2025 at City of Tanauan, Batangas, Philippines affiant exhibiting to me her Community Tax Certificate No. 16832466, issued at Talisay, Batangas on May 4, 2025.

Doc. No. ___________
Page No. ___________
Book No. ___________
Series of 2025





Note: All of information's like name, address and other sensitive information are not true and this is for example purposes only.

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