Requisites, modes of extrajudicial estate settlement

There are three (3) requisites of an extrajudicial settlement of the decedent's estate. These are provided under Section 1 of Rule 74 of the Rules of Court.

[1] The decedent died intestate. This means he left no will;
[2] The decedent did not leave debts unpaid; and
[3] All heirs are of age and minors are represented by their legal or judicial guardians.

What are the modes of extrajudicial settlement of the decedent's estate? There are two modes, depending on the number of heirs surviving him.

[1] If there is only one (1) heir, an affidavit of self-adjudication (of the whole estate) is available.
[2] If there are two or more heirs, there must be a deed of extrajudicial settlement or partition.

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