Estates · Rule 74

Extrajudicial settlement of estate Philippines

Heirs may settle without court if the decedent died intestate, left no debts, and all heirs agree — publish and bind the estate carefully.

When allowed

Rule 74, Sec. 1 Rules of Court: no will, no debts, legal heirs agree on partition.

Execute a public instrument; publish notice once a week for 3 consecutive weeks in a newspaper of general circulation.

Rule 74 still exposes heirs to creditors within 2 years; dig debts before you sign.

Last reviewed November 9, 2026. Laws, rules and Bar Bulletins change; if a source above has been amended or superseded, the official text controls.

Need court?

If there is a will, debts, or a minor heir without proper representation, expect judicial settlement.

Taxes?

File estate tax return — NIRC Sec. 90 generally within 1 year from death.

ocoai?

Estate-kit builder in Firms drafts checklists; lawyer/notary still required.