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Inheritance law in the Philippines governs how a deceased person’s assets are transferred to heirs. In Makati City, this process is handled through national laws and local court procedures. The main framework comes from the Civil Code and the Rules of Court, applied by Regional Trial Courts in Metro Manila, including Makati.
There are two main routes for transferring assets: a testate succession (through a will) and an intestate succession (when there is no will). In both cases, the process often involves probate, extrajudicial settlements, and the transfer of titles or ownership to heirs. Real estate in Makati usually requires court clearance and real property transfer documents filed with the Register of Deeds and the Bureau of Internal Revenue for tax considerations.
In Makati City, complex family dynamics and valuable assets make professional guidance essential. A qualified inheritance lawyer can help you navigate court procedures and avoid costly delays.
Scenario 1: A condo owner dies in Makati leaving real property that you heirs want to inherit. A lawyer can organize the correct probate or extrajudicial settlement to transfer title to the heirs without risking invalidation or delay.
Scenario 2: You believe a will does not reflect the decedent’s true intentions or violates legal rights of forced heirs. An attorney can assess validity, challenge or defend the will in court, and protect legitimate shares.
Scenario 3: Siblings dispute the division of an estate with multiple bank accounts and a Makati property. A solicitor can coordinate with the Register of Deeds, banks, and the court to resolve ownership and ensure proper distribution.
Scenario 4: The estate includes important business interests or shares in a family corporation registered in Makati. A lawyer can advise on succession planning, corporate shares transfer, and any regulatory filings required by authorities.
Scenario 5: You are considering an extrajudicial settlement. An attorney can prepare and file the necessary documents, ensure all heirs consent, and confirm that no debts or taxes are outstanding against the estate.
The following laws and rules govern inheritance matters in Makati City and throughout the Philippines. They provide the substantive rights of heirs and the procedural steps to transfer property and settle estates.
Civil Code of the Philippines (Act No. 386) - This is the principal law that defines succession, legitime rights of compulsory heirs, and how property passes on death. It forms the basis for both testate and intestate succession. Effective since 1949 with multiple amendments over time, it structures who inherits and in what shares.
Rules of Court - These are the procedural rules for how courts handle probate, administration of estates, and related petitions. In Makati, probate petitions and extrajudicial settlements are processed in accordance with these rules in the Regional Trial Court.
National Internal Revenue Code (NIRC) and related tax rules - The NIRC governs taxes on estate transfers and donor transers, administered by the Bureau of Internal Revenue. Changes under recent tax reform legislation affect how estates are taxed and reported to the BIR. See official guidance for estate and donor taxes and filing requirements.
Source: The Civil Code governs succession and the Rules of Court provide the procedural framework for probate and administration.
Source: The National Internal Revenue Code and BIR guidance regulate taxes on estate transfers and related filings.
A will directs asset distribution as specified by the decedent. Intestacy applies when there is no valid will, so heirs receive assets per statutory rules.
Begin by compiling the decedent’s death certificate, will (if any), and asset list. Then file a petition for probate with the appropriate Regional Trial Court in Makati.
Probate is typically filed soon after death when there is a will or when the estate requires court authority to transfer assets. Delays can complicate title transfers.
The probate petition is filed with the Regional Trial Court in Makati or the appropriate court in Metro Manila, depending on the location and assets involved.
A lawyer helps ensure correct filing, proper valuation of assets, and compliance with tax and registry requirements. This reduces delays and disputes among heirs.
Yes, if all heirs agree and there are no outstanding debts, property is divided via a deed of extrajudicial settlement. The deed must be published and recorded to be valid for title transfers.
Yes. Real property in Makati involves local title transfers and taxes. A local attorney is familiar with jurisdiction-specific procedures and stakeholders.
Estate tax or related tax compliance falls under the National Internal Revenue Code and is administered by the BIR. Tax filings are typically required for transfers of property.
Notarization is not strictly required for validity, but it strengthens probative value. A will may be notarized to facilitate probate and reduce disputes.
Costs vary with asset value and complexity, including court filing fees, attorney fees, and title transfer costs. Budget for regulatory fees and potential taxes.
Times vary with case complexity and court schedules. Simple probate may finish in several months; complex estates can take a year or more.
Common documents include death certificate, will if present, estate inventory, titles to property, tax clearances, and affidavits of heirs or proof of relationships.
