Form No. ______ Sample Deed of Extrajudicial Settlement of Estate
DEED OF EXTRAJUDICIAL SETTLEMENT OF ESTATE KNOW ALL MEN BY THESE PRESENTS: This DEED, made and entered into by and among:
W I T N E S S E T H : THAT: WHEREAS, _________________ died intestate and without will on _____________ ___________________ ;
at
WHEREAS, at the time of his death, he has no personal properties of considerable value except his conjugal share over a real property consisting of a parcel of land located at ________________________________ containing an area of ______________________________ square meters, more or less, covered by Transfer Certificate of Title No. ____________________issued by the Registry of Deeds for the ________________________, and more particularly described as follows:
(Copy Technical Description)
WHEREAS, the parties hereto are the sole and only heirs of the decedent entitled to succeed to the estate, they being the surviving spouse and legitimate children; WHEREAS, there are no known debts or obligations due against the estate of said decedent; WHEREAS, it is to the best interest of the parties hereto to divide, partition and adjudicate among themselves the entire estate above-described extra-judicially in the manner and form hereinafter set forth; NOW, THEREFORE for and in consideration of the foregoing premises, and invoking the provision of Section 1, Rule 74 of the Rules of Court of the Philippines, the parties hereto have agreed as they hereby do so agree to divide, partition and adjudicate the above estate among themselves in proindiviso equal shares, subject to contingent liabilities to creditors, heirs or other persons who might have been deprived of lawful participation in the estate of the decedents, for a period of two years from and after the settlement and distribution thereof, in accordance with the provision of Section 4, Rule 74 of the Rules of Court of the Philippines.
In the event that any other property of the decedents should ever be found not included hereinabove, the parties hereto further agree as they do so agree to settle and distribute the same in like manner and proportion as herein established and disposed. IN WITNESS WHEREOF, we have hereunto set our hands this _____________ ____________________, Philippines.
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INSTRUMENTAL WITNESSES: __________________________
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ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES ) ) S.S., BEFORE ME, a Notary Public for and in the above jurisdiction, this ____________________, personally appeared: Name
Competent Proof Of Identify
all known to me to be the same persons who executed the foregoing DEED OF EXTRAJUDICIAL SETTLEMENT OF ESTATE consisting of three (3) pages, including this whereon the Acknowledgment is written, having been signed by them, together with their instrumental witnesses, and acknowledged to me that the same is their own free and voluntary act and deed. WITNESS MY HAND AND AFFIX MY NOTARIAL SEAL on the date and at the place first abovewritten.
Doc. No. ______; Page No. _______; Book No. _______; Series of _______.