When you can settle out of court
Extrajudicial settlement is available when the deceased left no will, the heirs all agree on the division, every heir is of age or duly represented, and there are no outstanding debts (or the debts are fully paid). If any of these is missing — a contested share, a minor heir without representation, an unpaid creditor, or a will — the estate must instead be settled in a judicial proceeding.
The steps, in order
- Inventory the estate and gather titles, the death certificate, and the heirs' records;
- Execute a notarized Deed of Extrajudicial Settlement dividing the property among the heirs;
- Publish the settlement once a week for three consecutive weeks in a newspaper of general circulation;
- File the estate tax return and pay the estate tax with the BIR, which then issues the eCAR;
- Transfer the titles at the Registry of Deeds and update the tax declarations.
The law also gives an omitted heir or an unpaid creditor two years to contest a settlement, so the division is not entirely beyond challenge during that period. A duly appointed administrator is needed only where the estate goes to court.
The estate tax must be paid first
No title moves until the estate tax is settled. The tax is a flat six percent of the net estate — the gross estate less deductions, including a standard deduction of five million pesos and the family home up to ten million pesos. The return is due within one year of death, extendible for cause, and late filing adds surcharge and interest. The estate tax amnesty under RA 11956 has lapsed, so estates now settle under the regular rules.
Estimate the tax first
Our estate tax calculator applies the deductions and the six percent rate to your figures so you know the amount before filing.
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Frequently asked
What is extrajudicial settlement of an estate?
It is the out-of-court way for heirs to divide the property of someone who died without a will. The heirs execute a notarized deed dividing the estate, publish it, pay the estate tax, and transfer the titles, all without a court case, provided the legal conditions are met.
When can heirs settle an estate without going to court?
When the deceased left no will, all the heirs agree on the division, every heir is of age or represented by a guardian, and there are no unpaid debts. If any of these is not satisfied, or someone contests the division, the estate must be settled through a court proceeding instead.
Is publication really required?
Yes. The deed of extrajudicial settlement must be published once a week for three consecutive weeks in a newspaper of general circulation. Skipping publication leaves the settlement open to challenge, and the Registry of Deeds and BIR will ask for proof that it was done.
Do we still pay estate tax in an extrajudicial settlement?
Always. Settling out of court does not avoid the estate tax. The tax is six percent of the net estate, due within one year of death, and the BIR will not issue the eCAR that allows the titles to be transferred until it is paid, together with any surcharge and interest for late payment.
What if an heir is a minor or someone disagrees?
Then you generally cannot use a pure extrajudicial settlement. A minor heir must be represented by a judicially appointed guardian, and a genuine disagreement over shares means the estate has to be settled in court, where a judge resolves the dispute and approves the partition.