EXTRAJUDICIAL SETTLEMENT OF ESTATE
WITH WAIVER OF RIGHTS
KNOW ALL MEN BY THESE PRESENTS:
This Extrajudicial Settlement of Estate with Waiver of Rights is made and entered
into this ___ day of __________, 20___, by and among:
1. [Full Name of Spouse/Widow or Widower], of legal age, Filipino, widow/widower
of the late [Name of Deceased], and a resident of [Address], hereinafter referred to
as the WAIVING PARTY;
2. [Full Name of Child 1], of legal age, Filipino, single/married to [Spouse’s Name, if
applicable], and a resident of [Address];
3. [Full Name of Child 2], of legal age, Filipino, single/married to [Spouse’s Name, if
applicable], and a resident of [Address];
4. [Full Name of Child 3], of legal age, Filipino, single/married to [Spouse’s Name, if
applicable], and a resident of [Address];
5. [Full Name of Child 4], of legal age, Filipino, single/married to [Spouse’s Name, if
applicable], and a resident of [Address];
All of whom are the sole and legitimate heirs of the late [Full Name of Deceased],
who died intestate on ___________ at ___________.
WHEREAS, the deceased left certain real estate properties located in the Philippines,
more particularly described as follows:
PROPERTY NO. 1:
- Title No.: ___________
- Location: ___________________________________
- Lot Area: ___________ sq.m.
- Technical Description: __________________________________
PROPERTY NO. 2:
- Title No.: ___________
- Location: ___________________________________
- Lot Area: ___________ sq.m.
- Description: __________________________________
WHEREAS, no will was left by the decedent, and the parties herein are his/her sole
and surviving legal heirs;
WHEREAS, the WAIVING PARTY hereby expressly waives, renounces, and conveys all
her rights, interests, and participation over the estate of the deceased, including the
abovementioned properties, in favor of their children:
1. [Full Name of Child 1]
2. [Full Name of Child 2]
3. [Full Name of Child 3]
4. [Full Name of Child 4]
NOW, THEREFORE, for and in consideration of the foregoing premises and the
mutual covenants hereinafter set forth, the parties have agreed to settle and
adjudicate the estate of the deceased as follows:
1. That the WAIVING PARTY hereby voluntarily waives and transfers all her rights,
shares, and interest over the estate of the deceased, particularly over the two real
properties described above, in favor of the four children/heirs named herein;
2. That the said four heirs hereby accept, divide, and adjudicate the properties
equally among themselves (or specify division terms if unequal);
3. That the parties hereby affirm that there are no other heirs, debts, or obligations
left by the deceased, and no estate tax liabilities remain unpaid except those now
being processed;
4. That this extrajudicial settlement is made pursuant to Rule 74, Section 1 of the
Rules of Court of the Philippines, and they undertake to cause the publication of this
instrument in a newspaper of general circulation for three (3) consecutive weeks;
5. That the heirs will file the necessary estate tax return and pay applicable taxes
with the Bureau of Internal Revenue (BIR), and register the properties with the
Registry of Deeds accordingly.
IN WITNESS WHEREOF, we have hereunto set our hands this ___ day of __________,
20___ in the City/Municipality of _______________, Philippines.
(paki full name for all-)
____________________________ ____________________________
Auntie Rose Rosene
____________________________ ____________________________
Rosette Rommel
____________________________
Rochelle
Witnessed by:
____________________________ ____________________________
ACKNOWLEDGMENT
Republic of the Philippines )
_______________________ ) S.S.
BEFORE ME, a Notary Public for and in the City/Municipality of _______________,
this ___ day of _______, 20, personally appeared the following persons, all known
to me and to me known to be the same persons who executed the foregoing
instrument and they acknowledged to me that the same is their free and voluntary
act and deed.
This instrument consists of ____ pages, including the page on which this
acknowledgment is written, and has been signed by the parties and their witnesses
on each and every page.
WITNESS MY HAND AND SEAL, on the date and place first above written.
Notary Public
Doc. No. _____;
Page No. _____;
Book No. __;
Series of 20____.
