WAYS TO SETTLE AN ESTATE
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There are three ways to settle an estate here in the Philippines. They are via the Extra Judicial Settlement, the Affidavit of Self-Adjudication, or through the Judicial Settlement of Estate.
Extra Judicial Settlement of Estate
It is the option to use when the following scenarios are present:
1. There is no last will and testament left by the decedent (owner of the estate who passed away)
2. There are several heirs and they agree to the division agreement.
3. There is no debt left behind or has been fully paid.
For those who want to settle their estate via the Extra Judicial Settlement, please be advised that the ongoing Estate Tax Amnesty will be expiring on June 14, 2023. The amnesty is applicable for those who passed year 2017 below. It would be a great help because you won't be required to pay interest and surcharges. Estate tax under the amnesty would be computed straight 6% of the market value of the estate at the time of death of the owner.
For those who passed 2018 onward, estate tax computation would be based on TRAIN LAW.
Affidavit of Self-Adjudication
Judicial Settlement of Estate
However, when heirs do not agree on how the estate will be settled, the Judicial Settlement is the option to use. This needs court proceedings, hence services of a lawyer is needed. This option takes longer to process and costly.
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