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
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Transfer of Ownership
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Enables the transfer of real estate, vehicles, or other properties to the sole heir’s name.
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Required by the Registry of Deeds for updating land titles.
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Claiming Bank Deposits and Investments
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Banks require this affidavit before allowing the withdrawal of the deceased’s funds.
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Used for stocks, bonds, and other financial assets.
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Processing Government Benefits
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Necessary for claiming Social Security System (SSS), Government Service Insurance System (GSIS), and other death benefits.
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Selling or Managing Inherited Property
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Allows the heir to sell or manage assets legally.
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Tax Compliance
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Required for estate tax settlement with the Bureau of Internal Revenue (BIR) before issuing a Certificate of Tax Clearance.
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Avoiding Lengthy Probate Proceedings
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Unlike judicial settlement, it speeds up the transfer of assets without going to court.
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Important Considerations
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The affidavit must be notarized to be legally valid.
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A bond or publication in a newspaper of general circulation may be required.
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Any overlooked heirs can contest the affidavit within two years from its execution.
Note: All of information's like name, address and other sensitive information are not true and this is for example purposes only.