Best Inheritance Law Lawyers in Pasig

1. About Inheritance Law in Pasig, Philippines

Inheritance law in the Philippines governs how a decedent's estate is distributed after death. In Pasig, as in the rest of the country, the Civil Code sets the rules for both testate (with a will) and intestate (without a will) succession. Heirs may need to obtain court authority to probate a will, administer an estate, or finalize an extrajudicial settlement for property in Pasig. Real property located in Pasig, such as a family home or a titled lot, passes through these legal processes like any other property.

The concept of legitime protects a portion of the estate for legitimate heirs, regardless of the contents of a will. Probate or extrajudicial settlements often require steps such as publication, court orders, and transfer of titles. Local Pasig procedures follow national rules, but practitioners should be mindful of district court calendars and documentary requirements that can affect timing and costs.

According to the Tax Reform for Acceleration and Inclusion Act, estate taxes were repealed effective January 1, 2018 which changes how estates are taxed in inheritance proceedings.

2. Why You May Need a Lawyer

Working through inheritance matters in Pasig typically requires a lawyer to ensure you pursue the correct path and meet all requirements. Below are concrete scenarios that commonly arise for residents of Pasig.

• A surviving spouse in Pasig wants to claim her legitime and participate in the estate of a deceased spouse who left behind a Pasig property that is titled in both names or in the sole name of the decedent.
• A family in Pasig needs to probate a will that names an executor, but one of the children contests the validity of the will or argues about the rightful heirs.
• Heirs living outside the Philippines must settle an estate in Pasig and require guidance on documents that can be executed from abroad and how to obtain court assistance remotely.
• Multiple Pasig heirs own adjacent parcels and want an extrajudicial settlement to avoid costly real property transfers, while complying with publication requirements and court procedures.
• A property in Pasig has bank accounts, vehicles or other assets that require careful coordination in probate and timely transfer to heirs, including paying outstanding obligations and taxes.
• An estate creditor in Pasig raises disputes about debts, claims, or priority of payments during the settlement process, needing professional negotiation and court filings.

3. Local Laws Overview

The laws below govern inheritance matters in Pasig and throughout the Philippines. They determine who may inherit, how estates are processed, and how assets are transferred to heirs.

• Civil Code of the Philippines - Governs succession, including intestate and testamentary transfers, legitime, and the rights of heirs. This code forms the backbone of how inheritance is distributed in Pasig.
• Rules of Court - Sets out the procedural framework for probate of wills, letters of administration, and extrajudicial settlements. These rules govern how and where to file petitions in Pasig courts and the steps required before extending titles or transferring assets.
• Republic Act No. 10963 (Tax Reform for Acceleration and Inclusion Act) - Repealed estate and donor taxes effective January 1, 2018, which affects the tax considerations in estate settlements and transfers.

Context note for Pasig residents: If the decedent has real property in Pasig, the transfer process often involves both probate or extrajudicial settlement and subsequent property title transfers with the Land Registration Authority and related banks and financial institutions.

The Rules of Court require proper notice and, for extrajudicial settlements, publication in a newspaper of general circulation before settlement can be approved by the court.

4. Frequently Asked Questions

5. Additional Resources

• Republic Act No. 10963 - TRAIN Act (Estate tax repeal) - Official source for changes in taxation affecting inheritance settlements.
• Rules of Court - Probate and Succession - Official judiciary resource describing court procedures for wills and settlements.
• Philippine Statistics Authority - Civil registration and death certificates - Official source for vital records used in inheritance proceedings.

6. Next Steps

1. Gather key documents now: death certificate, the will (if any), titles to Pasig properties, bank statements, and outstanding debts. Plan for translation or authentication if needed. Time estimate: 1-2 weeks.
2. Consult a Pasig-based inheritance attorney to assess if the estate should pursue probate or extrajudicial settlement. Bring all documents and a list of heirs. Time estimate: 1-2 weeks to schedule a consultation.
3. Determine the correct proceeding: probate if there is a will or a dispute, extrajudicial settlement if all heirs agree and there is no will. Prepare a plan with your lawyer. Time estimate: 1-3 weeks for decision making.
4. Prepare and file the petition with the Pasig Regional Trial Court or appropriate court. Include all required documents and notices. Time estimate: 4-8 weeks for filing and initial review.
5. Publish notice for extrajudicial settlements and wait for court endorsement. Ensure all heirs sign and consent to the settlement. Time estimate: 2-6 weeks for publication and confirmation.
6. After court approval, coordinate title transfers with the Land Registration Authority (LRA) and transfer assets to heirs. Address any tax obligations under current law. Time estimate: 2-6 months to complete transfers.