Can Children Transfer a Land Title that is Under the Name of Their Deceased Parent?

11-04-1

Families are forever.  Until a property needs to be divided among the members, that is.

One of the most common problems Pinoy families go through is transferring a property title among the siblings after a parent, or both parents, die without finalizing the equal distribution of each child’s share.  The situation becomes a breeding ground for contempt and conflict among siblings and their respective spouses and families.

Read on:

  1. All the children of the deceased parents must enter into an agreement on how to distribute (if they intend to subdivide the property) or dispose (if they intend to simply liquidate the property based on its current market value) the property.  This must be done by executing a Deed of Extra-judicial Settlement of the Estate through the assistance of a lawyer.
  2. The said Deed of Extra-judicial Settlement of Estate must be published in a newspaper of general circulation in the city and province where the property is located.  The announcement must run at least once a week for three consecutive weeks.
  3. The parties involved must secure an Affidavit and Certification of the Publication in the newspaper and bring these documents to the Bureau of Internal Revenue (BIR).  The parties need to pay the estate tax at the BIR as well.
  4. The BIR shall facilitate the Certificate for Transfer of Title.  This certificate should then be submitted to the Land Registration Authority or in the Registry of Deeds.

Even siblings who are no longer interested in inheriting their share of the property are required to sign the extra-judicial settlement; otherwise, the settlement will not be processed and the land will remain under the name of their deceased parents.

If the children have migrated to foreign countries and have acquired foreign citizenship, they are still qualified to own real properties because they are intestate heirs of the deceased parents.  However, there will already be a limit on the land area that they can own, as follows:

  • A maximum of 1,000 square meters in urban centers
  • A maximum of 10,000 square meters in rural areas.

If the heirs possess dual citizenship (RA 9225), the above restrictions on land area ownership do not apply to them.

The children of deceased siblings have the right to inherit their deceased parent’s share of the property.  They must be included in the extra-judicial settlement documents as well.

Sources:

http://lra.gov.ph/

http://www.affordablecebu.com/load/real_estate/how_to_transfer_a_land_title_from_a_deceased_parents_in_philippines/43-1-0-30273

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Published by MasterCitizen

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16 thoughts on “Can Children Transfer a Land Title that is Under the Name of Their Deceased Parent?

  1. Is it possible i can transfer our property to my child’s name?because my father is having a mistress, and he doesn’t allow us to transfer the property to us, his reason is he is still alive, i just want to be secure, because i dint know whats his in his mind, my mother is still alive, thank you…

  2. Good Day! i would like to us, my father now has a mistress, if ever they will have a baby, would be possibly, he/she can get a property from my father, even if this house & lot that we have, is conjugal already & not a heirs house & lot, thank you…

    1. your father is entitled on the half of the property. Now the baby that you are concerning about can get a portion on the entitled half if your fathers share in case your father died.

  3. How about if only the father is deceased and the wife is a US citizen and is married to an american can she still claim half of the property?

  4. What if po yong mga anak ng deceased parents na nka pangalan s title ay patay na rin di rin kasi na transfer ng mga anak..

  5. tanong ko lang po kung paano po ung sa parents ko..kasal po sa unang asawa ang father ko..since nakalagay po na surname ng mother ko is ung surname din ng father ko..
    ngpeke lang po sila ng marriage date para po maging same din po yung surname nila..
    me possible po ba n mawalan po ng karapatan yung mother ko sa land title kahit nakalagay po name niya using my father’s surname?
    panu po kaya kaming mga siblings?..ka-surname din po namin siya..salamat po..

    1. Yung mother mo ay baka mawala ng karapatan kasi may tunay na asawa yung father mo. Pero kayo bilang mga anak may karapatan kayo makakuha ng parte lalo nat recognize naman kayo ng father mo.

    1. Hi Nella,

      An extrajudicial settlement is the settling of an estate via the drafting of a contract, which indicates how a deceased owner’s properties will be divided among the heirs as they see fit. If the property will not be divided or sold, what would the EJ settlement be for?

      It is still best to consult a lawyer regarding this.

      MC

  6. What if there’s a will reflecting that one of his child inherit the 1/2 part of the property? Could it be cancelled if siblings are not willing to give up their rights?

    1. It’s the will of the parents why do they have to question it? If it’s a legitimate will i guess they are wasting time,money and most of all ruin the relationship. They better talk and seek the help of an elder relative to mediate.

  7. If the property of the deceased parents was named under 1 of the children, do the other childrenhas the right to claim ? ( when the property was purchased , parents are still alive)

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