My husband passed away five years ago. We have a property in th Philippines and I would like to transfer everything to my child. We are now residing in California, as U.S. citizens and my late husband a Filipino citizen.c

Hello:
We are sorry to hear about the passing of your husband, and we extend our deepest condolences.
Regarding your concern, since your husband was a Filipino citizen and you are now both U.S. citizens residing in California, the property transfer to your child in the Philippines can be lawfully facilitated under Philippine succession laws.
Here are some important legal points and possible remedies:
1. Extrajudicial Settlement of Estate (if there is no will)
If your husband died intestate (without a will), and there are no other compulsory heirs aside from your child, you may execute an Extrajudicial Settlement of Estate with Waiver of Rights in favor of your child. This must be:
Signed by you as the surviving spouse,
Notarized and registered with the Registry of Deeds,
Accompanied by a notarized Affidavit of Self-Adjudication or Waiver, if applicable.
If the property is titled in your husband's name, the title must be transferred first to the estate, and then to your child.
2. Judicial Settlement (if there is a dispute or complications)
If:
There are other legal heirs,
There is no agreement on the partition,
Or if a will exists that needs probate,
Then a petition for judicial settlement must be filed before the Philippine court having jurisdiction over the property.
3. Tax Clearance & Title Transfer
To legally transfer the title, the following must also be secured:
BIR Certificate Authorizing Registration (CAR),
Estate tax clearance,
Updated real property tax payments,
Transfer of title with the Registry of Deeds.
We recommend an initial consultation so we can properly review your husband’s death certificate, property documents, marriage certificate, and your child’s proof of identity. This way, we can assist you in completing all required steps without requiring you to travel to the Philippines.
We look forward to helping you secure your child’s rightful inheritance.
Best,
Atty. Jofre Recososa
Owner, Recososa Law Firm