Estate and Probate in the Philippines

When it comes to transferring inheritance from a deceased relative, Duran & Duran-Schulze Law can guide you through the estate and probate process and ensure that all legal requirements are met. Additionally, our well-experienced lawyers will help you understand your rights and responsibilities as an heir, beneficiary or guardian.

Transfer the Inheritance from a Deceased Relative

Generally, the deceased’s spouse, legitimate child/children, illegitimate child/children and parents are the legally allowed heirs and beneficiaries entitled to the portion of the inheritance. The spouse and/or illegitimate children receive half of the estate’s portion each, whereas legitimate children receive one half divided evenly between them. There are more complicated rules depending on the category or the number of living heirs.

Moreover, there are various legal and administrative procedures involved in transferring an inheritance from a deceased person to their living heirs, which is as follows:

• Step 1: Secure a Death Certificate.

• Step 2: Determine if the deceased left a will or declaration of heirs.

• Step 3: File a petition with the Regional Trial Court.

• Step 4: Notify all known heirs and creditors about the initial hearing of the case.

• Step 5: Calculate the estate tax based on the value of the estate at the time of the owner’s death and pay estate tax to the Bureau of Internal Revenue (BIR).

• Step 6: Secure a Certificate of Tax Clearance from the BIR.

• Step 7: Attend the hearings to determine the heirs.
• Step 8: Once the inheritance has been equally partitioned, the court will proceed to the distribution of the estate based on the agreements of the parties, or if there is no agreement based on the evidence presented in court.