Special Power of Attorney (SPA) for Transaction at BIR, Assessor's Office, Registry of Deeds, and Land Registration Authority in Relation to Settlement of Estate

 

SPECIAL POWER OF ATTORNEY

 

KNOW ALL MEN BY THESE PRESENTS:

 

We, (NAMES OF HEIRS), all Filipinos, of legal age, married, and residents of (Residence of Heirs), do hereby appoint, name and constitute (NAME OF ATTORNEY-IN-FACT), Filipino, of legal age, single/married, and a resident of (Residence of Attorney-in-Fact), to be our true and lawful Attorney-in-Fact for us and in our name, place and stead to do and perform the following matters, acts, things and deeds:

 

1.     To pay, discharge, and settle any and all debts, obligations, taxes or other liabilities which the Estate of the deceased (Name of Deceased), now or may hereafter owe to or incur in favor of any person, corporation, partnership, or any other entity or in favor of the Philippine government, its agencies or instrumentalities;

 

2.     To execute, sign and deliver the Notice of Death, Estate Tax Return, Deed of Extrajudicial Settlement of Estate with Absolute Sale, and such other deeds, instruments and documents of any nature to any juridical entity and/or government agency which our Attorney-in-Fact may consider necessary in connection with the exercise of powers confirmed hereby, under such terms and conditions as said Attorney-in-Fact may deem fit and proper;

 

3.     To transact business with the Bureau of Internal Revenue (BIR), City / Municipal / Provincial Assessor’s Office, Registry of Deeds (ROD), Land Registration Authority (LRA), and/or any government offices in all matters relating to the aforementioned properties in the Extrajudicial Settlement of Estate, including making an application for our respective TIN as well as that of the estate;

 

4.     To deposit money and/or to withdraw the same from any of the bank accounts of the Deceased listed in the Extrajudicial Settlement of Estate,  for purposes of paying the above-mentioned obligations, taxes or other liabilities of the estate;

 

5.     To process and pay fees necessary, facilitate and follow up the transfer of ownership and/or registration of the aforementioned real property in the Extrajudicial Settlement of Estate of Deceased in our names;

 

6.     To do all acts necessary to give effect to the foregoing authority.

 

HEREBY GIVING AND GRANTING unto our said Attorney-in-Fact full power and authority to do and perform all and every act and things as fully to all intents and purposes as we might or could lawfully do if personally present, with full power of substitution and revocation, and hereby ratifying and confirming all that any of our said attorney-in-fact or her substitutes shall lawfully do or cause to be done by virtue hereof.

 

IN WITNESS WHEREOF, we have hereunto affixed my signature this (Date of Notarization) at (Place of Notarization), Philippines.

 

 

 

(NAME OF HEIR)

Heir 

 

(NAME OF HEIR)

Heir

 

 

Accepted by:

 

(NAME OF ATTORNEY-IN-FACT)

ACKNOWLEDGMENT

 

REPUBLIC OF THE PHILIPPINES      )

CITY OF _________________            ) S.S.

 

            BEFORE ME A NOTARY PUBLIC, for and in the (Place of Notarization), on (Date of Notarization), personally appeared 

Name	Competent Evidence of Identity	Issued on	Valid Until

 

who have sufficiently proven to me their respective identities through the foregoing identification documents issued by a government agency and which bears the parties’ photographs and signatures and they acknowledged to me that the same is their free and voluntary act and deed and of the persons they represent.

 

 

            WITNESS MY HAND AND SEAL on the date and place first above written.

 

Doc. No. _____;

Page No. _____;

Book No. _____;

Series of _____.

Summary Settlement of Estate of Small Value

 

PETITION

(Summary Settlement of Estate of Small Value)

 

 

COMES NOW the Petitioner, through the undersigned counsel and unto this Honorable Court, most respectfully avers -- THAT:

 

1. The petitioner, a resident of (Place of Residence of Petitioner), is the daughter of (Name of Person Who Died), deceased, who died intestate on (Date of Death);

 

2. The said deceased left real property located in (Place Where Parcel of Land is Located), the gross value of which does not exceed TEN THOUSAND PESOS (PhP10,000.00) as evidenced by a Certificate of Assessed Value of said property, issued by the Municipal/City Assessors Office of (Place of Property), hereto attached as Annex "A" and made an integral part of this petition;

 

3. The following persons, all of legal age, are the sole, lawful and exclusive heirs of the said deceased;

 

4. The deceased left no debts at the time of his death;

 

5. It is desired that the estate of the deceased be settled summarily, and apportioned and divided among the above-mentioned heirs, without the appointment of an executor or administrator.

 

 

PRAYER

 

WHEREFORE, it is respectfully prayed, that after notice to all interested parties, and due publication in a newspaper of general circulation of this petition, and after due hearing in accordance with law:

 

(a) The Honorable Court proceed summarily, without the appointment of an executor or administrator, to apportion, divide and award the above estate among the lawful heirs of the deceased, after the payment of just debts (if any);

 

(b) That the costs of this proceeding be apportioned among the several heirs in accordance with the value of the estate that may be awarded to each respectively;

 

(c) That such further orders be made as may be deemed just and equitable in the premises.

 

(Place of Filing), (Date of Filing).

 

 

                                                                                                    NAME OF COUNSEL

                                                                                                    (Details of Counsel)

(Note: File this petition in court. Publish a notice of the settlement proceedings in a newspaper of general circulation once a week for three (3) consecutive weeks. After completion of publication, the court may set the case for hearing and proceed summarily to settle the estate.)