Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Inheritance law in the Philippines governs how a deceased person’s property is passed to heirs. It covers testate succession (with a will) and intestate succession (without a will). In Pasig, residents follow national rules, but local court processes and practical steps can differ by venue and property type. The core framework includes the Civil Code provisions on succession and the Rules of Court for probate and extrajudicial settlements.
Key concepts you will encounter include legitimes, civil heirs, legitimate and illegitimate children, and the distinction between real property and personal property transfers. In Pasig, real property transfers typically require court processes or notarized settlements, followed by registry updates with the Land Registration Authority and local assessor if needed. Understanding these basics helps you decide early whether you need probate, extrajudicial settlement, or a will validation process.
Estate tax policy changed significantly in 2018, affecting how estates are taxed. See the Official Gazette for authoritative details on the repeal of estate tax under the TRAIN Act.
Practical guidance for Pasig residents often involves coordinating between the Regional Trial Court (RTC) handling probate matters and the Bureau of Internal Revenue (BIR) for any remaining tax obligations. While Pasig-specific court venues exist, the right forum is generally the RTC in the place of residence of the decedent or where the estate is located. An attorney can help determine the correct venue and sequence of steps.
Supreme Court of the Philippines and Official Gazette are reliable sources for procedural rules and statutory changes that affect inheritance matters in Pasig and nationwide.
Specific scenarios in Pasig often require immediate legal guidance to avoid delays or errors that could complicate inheritance matters.
Below are 2-3 key laws and regulations that govern inheritance matters in Pasig, with notes on applicability and dates.
Note: In Pasig, practical proceedings often occur at the Regional Trial Court (RTC) with jurisdiction over the place of residence of the decedent or the location of the estate, followed by title transfers with the Land Registration Authority as needed. For procedural rules, the Supreme Court's guidance on probate and extrajudicial settlements is applicable across the country.
Supreme Court of the Philippines guidance on Rules of Court and probate matters provides jurisdiction-specific insights that affect Pasig cases. For statutory context, consult the Official Gazette.
Rule 74 of the Rules of Court governs extrajudicial settlements and requires publication in a newspaper of general circulation for 3 consecutive weeks, among other steps.
sc.judiciary.gov.ph - Rules of Court
Inheritance law governs how a deceased person’s assets pass to heirs. It includes wills (testate succession) and rules for those who die without a will (intestate succession). It also covers probate, extrajudicial settlements, and taxes related to estates.
Probate is a court process validating a will and authorizing the transfer of assets. In Pasig, probate is typically required when there is a will and you need court authority to transfer real property or settle debts.
An extrajudicial settlement is a settlement of estate among heirs without court intervention, available when there is no will and all heirs agree. It requires public notice and proper documentation under Rule 74 of the Rules of Court.
Typical probate timelines range from 6 to 12 months, depending on court caseload and complexity. Extrajudicial settlements without court intervention can take 2 to 6 months if all documents are complete and properly published.
The appropriate heir or representative of the estate files for probate in the RTC with jurisdiction over the decedent’s residence or property location. An attorney can prepare and file the petition for you.
While not always legally required, hiring a lawyer improves chances of a smooth process. A Pasig-involved attorney can prepare documents, conduct notices, and represent you in court or negotiations.
Common documents include the death certificate, original will (if any), title deeds or property records, tax declarations, list of heirs, and consent from all legitimate heirs for extrajudicial settlement.
Costs include court filing fees, attorney fees, publication costs, and potential documentary stamp taxes. In Pasig, these can total several tens of thousands of pesos depending on estate size and complexity.
Foreigners may inherit movable property but are restricted from owning land. Heirs who are foreign nationals must structure ownership through permissible arrangements and consult an attorney for compliance.
There is no universal deadline for probate, but delays can incur costs and affect asset transfer. Extrajudicial settlements typically require notice and publication, done promptly after agreement among heirs.
A will is a document detailing asset distribution by the decedent. An intestate estate occurs when there is no will, and the law determines heirs and shares.
Yes. An attorney can assess your situation, determine venue, and outline steps to minimize delays and disputes. Early legal advice helps protect rights and assets.
