DEED OF EXTRAJUDICIAL SETTLEMENT OF ESTATE
WITH WAIVER OF SHARE
Know all men by these presents:
We, (NAME OF HEIRS), single/married, Filipino citizens, of legal age and residents of (Residence of Heir 1), (Residence of Heir 2), (Etc.), Philippines, respectively, on our own volition, declare as follows:
- That we are the children and only surviving heirs of the deceased (NAME OF DECEASED) who died on (Date of Death) at (Place of Death / Hospital Name and Address);
- That said deceased died intestate, without any Last Will and Testament, and without any outstanding debts or accounts;
- That the deceased left the following properties particularly described below:
(1) Description of Property Number 1
(2) Description of Property Number 2
(3) Description of Property Number 3
(4) Description of Property Number 4
(5) And so on…
- That pursuant to Section 1 of Rule 74 of the Revised Rules of Court of the Philippines, and all of us being with full capacity to contract, we do hereby adjudicate unto ourselves the properties described above, in equal shares pro indiviso;
- That we hereby undertake to publish this Deed in a newspaper of general circulation once a week for three (3) consecutive weeks.
- That by virtue of this adjudication, we are now the exclusive owners of the above-described properties and have the right to sell or dispose of the same;
- That we hereby certify that the above-described properties are neither tenanted nor being cultivated by any agricultural lessee and the same are free from all kinds of liens and encumbrances whatsoever, and do not come within the operation of the Comprehensive Agrarian Reform Program or any Agrarian Law;
WAIVER OF SHARE
8. That I, (NAME OF HEIR), for and in consideration of the love and affection to my sons/daughters, waived and renounced, as by these presents I hereby WAIVE and RENOUNCE my ownership, right and participation over any portion of my conjugal share in the above-described properties that are affected by this deed.
- That we hereby free the Provincial & Municipal Assessor from any liability for approving the transfer of the above-described parcel of land to (NAME OF HEIRS), by virtue of this document.
IN WITNESS WHEREOF, we have hereunto affixed our signatures this (Date of Signing) at (Place of Signing), Philippines.
NAME OF HEIR 1
Heir
NAME OF HEIR 2
Heir
And so on…
SIGNED IN THE PRESENCE OF:
1) __________________________ 2) _________________________
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES )
City of ____________________ ) S.S.
On this (Date of Signing), in (Place of Notarization), Philippines, personally appeared before me the following, who exhibited to me their proof of identity as indicated below:
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Name |
ID Type & Number |
Date of Issue/Expiry |
Place of Issue |
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Name of Heir |
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Name of Heir |
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Name of Heir |
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And so on… |
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who are known to me to be the same persons who executed the foregoing Extrajudicial Settlement with Waiver of Share, and acknowledged to me that the same is their free and voluntary act and deed.
This document, consisting of three (3) pages including this page on which this acknowledgment is written, relates to an Extrajudicial Settlement with Waiver of Share, and is signed by the herein Heirs and their instrumental witnesses on each and every page hereof, as indicated.
WITNESS MY HAND AND SEAL, on the date and in the place first above-written.
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of _____.
