Extra Judicial Settlement of Estate

  You’ve finally gathered the siblings, signed the Extrajudicial Settlement (EJS), and figured out the newspaper publication details. You might think the hardest part is behind you, but there is one massive gatekeeper you still have to pass before the property can officially be transferred to your names: the Bureau of Internal Revenue (BIR) . To change the name on a land title, the Registry of Deeds will strictly demand an eCAR (Electronic Certificate Authorizing Registration) . Think of the eCAR as your official "tax clearance" proving that the government has received its fair share of estate taxes. If your documents are disorganized, a single trip to your Revenue District Office (RDO) can quickly turn into a frustrating circle of rejections. Here is exactly how to navigate the BIR eCAR process without losing your mind—or your budget. 📋 The eCAR Document Checklist Before you step foot inside your specific RDO, make sure you have these core documents compiled neatly in a fol...

   You’ve finally gathered all your siblings, agreed on how to divide the property, signed the Extrajudicial Settlement (EJS) before a notary public, and you're ready to head straight to the BIR. But wait! There is a major roadblock that many families completely forget about: The Newspaper Publication. If you skip this step, the Registry of Deeds will not transfer the title to your names. Here is everything you need to know about this hidden requirement so you don't waste time or get scammed. Why is a Newspaper Publication Required? When a property owner passes away and the heirs settle the estate outside of court (extrajudicially), the law wants to make sure that no hidden heirs or unknown creditors are being cheated out of their fair share. By publishing the EJS in a newspaper, you are technically giving the public a notice. It gives anyone with a legal claim against the estate a chance to step forward. The Law: Under the Rules of Court, the EJS must be published in a newsp...

  Think Twice Before Saying "Sayo Na Lang Yung Lupa": How a Simple Family Waiver Can Accidentally Trigger a Second Tax Bill When a parent or family member passes away, it’s very common for siblings to gather around the table and try to make things simple. One sibling might say, "I’m already based abroad," or "I don’t need the money, sa'yo na lang yung parte ko sa lupa" (You can have my share of the land). It sounds like a beautiful act of family love and generosity. But if you don't phrase that waiver perfectly in your Extra-Judicial Settlement (EJS) , the Bureau of Internal Revenue (BIR) will treat it as a formal donation. Instead of just paying the standard 6% Estate Tax , you could accidentally trigger an additional 6% Donor’s Tax ! Here is how the BIR views family waivers, and how to avoid an expensive tax surprise. 1. The Magic Word: General Renunciation vs. Specific Waiver Under BIR rules (specifically Revenue Memorandum Circular No. 94-202...

  If you are currently processing the estate settlement of a family property, you already know it involves a lot of paperwork. But what happens if the land doesn’t have a title (no OCT or TCT) and only has a Tax Declaration as proof of ownership? One of the first things the Bureau of Internal Revenue (BIR) will ask you for is a Certificate of No Title . It sounds a bit contradictory—getting a certificate to prove you don’t have something—but it is a crucial step to move your estate settlement forward. Here is a simple, step-by-step guide on how and where to get it. Why does the BIR need a Certificate of No Title? When a property is untitled, the BIR needs official confirmation from the government that no duplicate title exists under someone else's name. This protects the heirs and ensures the estate taxes are being computed for the correct, unregistered parcel of land so you can eventually get your eCAR (Electronic Certificate Authorizing Registration) . 📋 The Step-by-Step Guide...

Finishing a 3- or 5-year car loan is a major win. However, many owners forget that the bank still technically has a "lien" on the vehicle until the Chattel Mortgage is officially cancelled. Without a "Clean" CR, you cannot sell the car or transfer ownership. The Step-by-Step Process: Claim your Documents from the Bank: Once your final payment is cleared, contact your bank’s loan department. They will provide a "Release of Chattel Mortgage" (or Deed of Release), the original CR, and the original Official Receipt (OR). Visit the Registry of Deeds (RD): Go to the RD branch where the mortgage was originally registered (this is usually indicated on your CR). You will need to pay a cancellation fee. They will stamp or provide an annotation that the mortgage is now cancelled. LTO Annotation Removal: Take your annotated documents from the RD to the LTO District Office where your car is registered. You will need: Original CR and OR Release of Chattel Mortgage  V...

A screen shot of the ongoing renovation GOOD MORNING❤️ To continue, I've told you in my previous blog that Pag ibig told us to submit additional requirements because upon checking, our lot didn't close, the boundaries.  Additional Requirements Required from us: 1. lot data computation 2. certified technical description   We can get these from DENR REGION 4A since we are from Rizal. The process is, get Lot Data Computation and Approved plan from DENR LOS BANOS. Bring them to DENR CALAMBA so you can request for a Certified Technical Description of the lot. So, March 4, 2024, we submitted our request for lot data computation and approved plan from DENR LOS BANOS. We were told, the line was long so our schedule to pick them up was March 19, 2024. We let one day passed, to make sure, the documents are available.  March 20, 2024, we came to get the Lot Data Computation and the approved plan. The fee was ₱50 per document, ₱100 if you want it certified. DENR CALAMBA From DENR LOS...

Seller sells and Buyer buys according to the terms and conditions they agreed upon‼️ This is the whole process NOTES: Buyer and Seller should provide government IDs A SPECIAL POWER OF ATTORNEY is needed if one or the parties to the transaction are not available to sign the documents personally. *********************************************       THE PROCESS and... Private/Government agencies to work to: 1. Notary Public-  Preparation and notarization of the Deed of Sale, after both parties have signed. 2. Registry of Deeds-  Get certified copy of the title of the property subject of sale. 3. Assessors Office-   Get certified copy of tax declaration for the lot and the improvement, if any. Get certificate of no improvement if there's no building or any improvement on the lot. 4. Treasurer's Office- in the municipality or city where the land is located-  Get tax clearance for the land and improvement, if any. 5. Bureau of Internal Revenue (BIR)-...

Good day💖 Another topic which I want to share with you is about claiming a sum of money which was passed on as inheritance, from bank. VOLUNTARY OFFER TO SELL (VOS) As a real estate broker, I was able to assist a client to claim a Land Transfer Claim/Certificate of Deposit which was a proceed of the sale of a farm land. It was a "VOLUNTARY OFFER TO SELL" transaction.   Here,  the landowner opted to sell their agricultural land to the government, and mind you, for a very, very low price! Just can't imagine how the owner came up with that decision? Their ancestors, who were the original owners of the land,  may have cried a river with that decision of the heirs😭 As a real estate person who values and appreciates "Land", I was so frustrated, but then,  it was not mine to decide. THE PROCESS Since the owners, whose names are on the title, have long passed away, the government bank handling has given requirements for the heirs to comply, before they can withdraw th...

 Magandang Umaga Po♥️ This is to continue my blog entitled "AFFIDAVIT OF ONE AND SAME PERSON" What's the issue? As I said in my previous blog, I was working on a sale and partition of  residential apartments. When the eCARs were released from BIR, I proceeded to the next step, payment of transfer tax, then have them registered for change of ownership and partition,  at the Registry of Deeds. I submitted all documents required by Registry of Deeds, however, I forgot to tell the examiner that there was a discrepancy in the name on the title vs the owner's true/legal name. The examiner overlooked the matter as well. She was able to find the discrepancy,  only at the time,  when she started reviewing our documents. Suggested solution The examiner texted me, advising that I should submit an "Affidavit of One and Same Person". It is necessary so that the change of ownership due to SALE can be effected. For your reference, I provided the template for this "AFF...

Good day❣️ I was working on processing a housing loan with Pag ibig. When it was time for their appraiser to check in actual the subject property, he reported that lot boundaries didn't close. For that reason, the loan was disapproved.  Loan Disapproval Pag ibig sent an email advising that lot boundaries didn't close. We were instructed to submit the following: 1. Approved certified technical description of the lot; 2. Lot data computation Further, they advised to submit the above requirements 30 days from the time we were notified so that we won't pay another filing fee of P1,000.00. Our loan will also have a fresh start. Otherwise, submission of requirements beyond 30 days would mean, we will pay again another filing fee of P1,000.00. The loan will be given a fresh start. However, if we won't go ahead with the loan, we can get our documents within 60 days. After 60 days, they are free to discard them without any liability. Where to get the requirements Pag ibig needs ...

Magandang Araw! I am currently working on filing a housing loan with Pagibig. I have screened shot the Pagibig website above for your reference. Sharing the processes I took as I go along, might be of help in case you decide to apply one as well. But before anything else, you should be aware what are the requirements needed to file a housing loan with Pagibig. Requirements needed 1. Title to the property to be loaned, It must be in your name. If it is in your parents' name, they must give you notarized authorization. Anyway, you can have the form from the Pagibig website. If you are going to go to their website you will be given instructions;   2. Updated tax declaration of the lot. If it is for a renovation of an existing house, you will also provide the tax declaration of the house; 3. Updated tax receipt of the house and lot; 4. House plans duly signed by a licensed civil engineer/architect, sanitary/plumbing engineer and electrical engineer; 5. Updated Bill of Materials and Spe...

Magandang araw po! What if you have already submitted documents for processing at the Registry of Deeds, then they realized there is a problem in the name of one of the parties to the transaction? Exactly, this happened to me while processing a Sale with Partition. The examiner noted that the Seller's middle initial is different from his provided government issued ID. Affidavit of One and Same Person They texted me, advising that they noted some discrepancy in the name. They further stated that scenarios like this requires court hearing. However, we will just try to settle this through an affidavit, Affidavit of One and Same Person. A marriage contract and birth certificate from PSA should also be attached to the affidavit to support.  For your reference, Affidavit of One and Same Person: REPUBLIC OF THE PHILIPPINES  )                           ...

Hello everyone!💚💖 Here we are again to tackle another real estate topic,  which is worth knowing. Knowledge of this would be very helpful, more if you are thinking of going into the build and sell business. Usually, a simple build and sell business starts with buying a lot, then constructing residential houses, may be a duplex, apartment units, or townhouses. Cases like this involve, buying a lot, partitioning it and the construction of houses, may it be for residential or commercial purposes.  The steps to undergo Assuming you have already the lot and have already constructed a three door apartment units on it, and you decided to sell the units to different persons. Since, you need to transfer ownership to your individual buyers once they have fully paid the total contract price, it's important to have the lot segregated into three portions. Three resulting lots and of course, an alley will also be included in the apportioning, as right of way is very much needed. Steps nec...