If you are the sole surviving heir of a departed loved one, you might be asking how to properly transfer their assets to your name.
What is a Deed of Sole Adjudication?
A Deed of Sole Adjudication is a legal document executed by a single heir to adjudicate the entire estate of a deceased person unto themselves. Since there is only one person entitled to the inheritance, the process is simpler than a full judicial probate.
Applicability of the Deed
This document can be used specifically when certain conditions are met.
There is no existing will governing the distribution of assets.
There are no outstanding obligations left by the deceased, or all debts have been settled.
The person filing the deed is the exclusive legal successor.
Extrajudicial Settlement vs. Deed of Sole Adjudication
Many people confuse an Extrajudicial Settlement with a Deed of Sole Adjudication. What taxes must be paid when filing a Deed of Sole Adjudication? While both happen outside of court, the main distinction lies in the number of heirs involved in the transfer.
What You Need to Prepare
To successfully file this deed, you will need several supporting papers, including:
Formal evidence of death from the PSA.
Documents showing you are the only heir.
What are the requirements for a Deed of Sole Adjudication? Titles or proof of ownership for the properties involved.
A properly drafted and sworn Deed of Sole Adjudication.
The Publication Requirement
Yes, under Philippine law, the Deed of Sole Adjudication is required to What are the requirements for a Deed of Sole Adjudication? be published in a public newspaper.
Taxes and Fees
Under the TRAIN Law, the estate tax How long does it take to transfer the title using this deed? rate is generally 6% of the What is the difference between an Extrajudicial Settlement and a Deed of Sole Adjudication? net estate.
Impact of a Last Will
The deed is strictly for intestate succession, where no testamentary disposition was made.
How Long Does it Take?
This includes the publication period, obtaining the BIR Tax Clearance, and the final registration at the Register of Deeds.