Transfer of Inherited Property

When the registered owner dies intestate without any debt and the heirs want the title transferred in their names, the following documents must be presented to the Register of Deeds:

a. Deed of Extrajudicial Settlement of Estate (or Affidavit of Adjudication if there is only one heir)

b. Owner’s duplicate certificate of title

c. Affidavit of publication from newspaper that the extrajudicial settlement was published once a week for three consecutive weeks

d. BIR Certificate to Register (after payment of Estate Tax and documentary stamps)

e. BIR estate tax confirmation receipt

f. Transfer Tax Receipt (from decedent to heirs)

g. Real estate tax clearance

If the property will be sold by the heirs, the following additional documents are required to be presented to the Register of Deeds:

a. Deed of Sale

b. BIR Certificate of authority to Register the Sale (after payment of capital gains or withholding tax and documentary stamps)

c. BIR confirmation receipt for capital gains/withholding tax and documentary stamps

d. Transfer Tax receipt (from heirs to buyers)

e. Articles of incorporation and board resolution (if buyer is a corporation)