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Extrajudicial Settlement of Estate Template

This document is a deed of extrajudicial settlement of an estate with waiver and renunciation of rights. [NAME OF DECEDENT] died intestate, leaving no will but a parcel of land. The document names the heirs and describes the property. It states that the heirs have agreed to settle the estate extrajudicially by partitioning the property among themselves, with some heirs waiving their rights in favor of another heir. The heirs and witnesses sign to formalize the agreement.

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Immah Santos
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2K views2 pages

Extrajudicial Settlement of Estate Template

This document is a deed of extrajudicial settlement of an estate with waiver and renunciation of rights. [NAME OF DECEDENT] died intestate, leaving no will but a parcel of land. The document names the heirs and describes the property. It states that the heirs have agreed to settle the estate extrajudicially by partitioning the property among themselves, with some heirs waiving their rights in favor of another heir. The heirs and witnesses sign to formalize the agreement.

Uploaded by

Immah Santos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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DEED OF EXTRAJUDICIAL SETTLEMENT OF ESTATE

WITH WAIVER AND RENUNCIATION OF RIGHTS

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, [NAME OF DECEDENT], died intestate at [PLACE OF


RESIDENCE AT THE TIME OF DEATH] on [DATE], leaving no will nor debts
or obligations due against his estate but leaving a parcel of land;

WHEREAS, at the time of his death, he left as forced heirs, the


following and to wit:

[NAME OF HEIR], of legal age, Filipino, [single/married], and with


residence at [complete address];

[NAME OF HEIR], of legal age, Filipino, [single/married], and with


residence at [complete address];

[NAME OF HEIR], of legal age, Filipino, [single/married], and with


residence at [complete address]; and

[NAME OF SPOUSE], of legal age, Filipino, widow, and with residence


at [complete address];

WITNESSETH:

That we are the legitimate children and spouse, respectively, of [NAME


OF DECEDENT], who died on [DATE] at [PLACE OF RESIDENCE AT THE
TIME OF DEATH], a copy of his death certificate is hereto attached as Annex
“A”;

That said decedent died without any will and without any outstanding
debts or obligations in favor of any person or entity;

That, it is to the very best interest of the parties hereto to adjudicate


unto themselves the entire estate extrajudicially in the form and manner
hereinafter set forth;

That the decedent is the absolute and registered owner of a parcel of


land located at _______________ covered by Transfer Certificate of Title No.
__________ of the Registry of Deeds of ____________ and more particularly
described as follows:

[TECHNICAL DESCRIPTION OF THE PROPERTY]

WHEREAS, in view of the above facts and circumstances, we are


therefore co-owners of the above-described property, and for and in
consideration of the foregoing premises and invoking the provision of Sec. 1
Rule 74 of the Rules of Court, the said heirs above-named have agreed to
settle the estate extrajudicially and to this effect do hereby partition and
adjudicate the same unto themselves the foregoing inheritance, subject
however to the liabilities imposed by Sec. 4, Rule 74 of the Rules of Court for
a period of two (2) years in favor of any other possible heirs, creditors or any
other person deprived of the lawful participation over the said estate of the
deceased and encumbrances;

WAIVER OF RIGHTS

WHEREAS, We, [NAME OF HEIR RENOUNCING HIS/HER SHARE],


[NAME OF HEIR RENOUNCING HIS/HER SHARE], and [NAME OF HEIR
RENOUNCING HIS/HER SHARE] whose personal circumstances are
mentioned above, have agreed and covenanted to CEDE, TRANSFER, and
CONVEY unto our co-heir [NAME OF CO-HEIR], whose personal
circumstances are also mentioned above, her heirs and assigns, the full
ownership and possession of the above-described property.

NOW THEREFORE, for and in consideration of the foregoing


premises, We hereby WAIVE and RENOUNCE our share, right, and
participation over the above-described property in favor of [NAME OF CO-
HEIR], her heirs and assigns, the full ownership and possession of the above-
described property.

IN WITNESS WHEREOF, we hereunto affix our signatures this ____


day of ______ 2019, at Quezon City, Philippines.

THE HEIRS OF _______________

_______________________ __________________________

_______________________ __________________________

SIGNED IN THE PRESENCE OF:

__________________________ _________________________

ACKNOWLEDGEMENT

Republic of the Philippines}

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