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How to Transfer a Land Title from a Deceased Parent in Philippines?

If your parents (mother and father) are already dead or deceased, you can still transfer their property or land title to your name. This is applicable to citizens in the Philippines.

Here's a simple and basic steps in transferring a land title from a deceased parent to his/her children.
Transfer Land Title from Deceased Parents in Philippines
 
1.) The children or child of the deceased parents needs to execute a Deed of Extra-judicial Settlement of the Estate from a lawyer.
 
All the children should enter in an agreement on how to distribute or dispose the properties (e.g. land).
 
2.) Publish the Deed of Extra-judicial Settlement of Estate in a newspaper of general circulation in the City and Province once a week for three consecutive weeks.
 
3.) Get the Affidavit and Certification of the Publication in the newspaper and bring these documents to the Bureau of Internal Revenue (BIR).
 
4.) Pay the Estate Tax in the BIR.
 
The BIR will issue a certificate that you should bring to the Land Registration Authority or in the Registry of Deeds in order to file a transfer of title.
 

When should the Family Members transfer the Title?

The family members should transfer it as soon as possible after the execution of the Deed of Extrajudicial Settlement of the Estate. You need to pay Estate Tax.

And if you're late in paying this tax, you will be charged 25% on the tax amount and another charge of 20% interest per year.

What to pay in transferring a land title from a Deceased Parents?

Estate Tax. Plus 25% on tax amount (if paid late - after due date) and another 20% interest per year.
Documentary stamp tax (1.5% of the zonal or market value whichever is higher).

Transfer tax/fees (ranges from 0.5% to 1% of the consideration/zonal or market value whichever is higher).

What if you didn't pay the Estate Tax in 10 years? Are there penalties?

Yes. You're going to pay a service charge of 25% of the tax amount plus 20% interest per year. You should pay it as soon as possible or as early as possible. If you ignore it for many years, the total charges plus interest will add up until the amount becomes greater than the current market value of the property.

Frequently Asked Questions:

  • What if there are some siblings or children of the deceased parent who are not included in signatory agreement? All the children (you, your brothers and sisters) should sign the agreement. Even if some children are not interested to inherit the properties of the parent, they are obliged to make and sign a waiver. If they don't make a waiver, the extra-judicial settlement of estate will not be processed.
  • What if your brother or sister is already been dead and had a children? Do they have the right to inherit the property? Yes.
  • What if your brother or sister doesn't cooperate with you in signing the agreement? You should go to the court and let the court call the attention of those who doesn't cooperate with you and let the court decide on how to distribute or dispose the properties according to the law.
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"How to Transfer a Land Title from a Deceased Parent in Philippines?" was written by under the Real Estate category. It has been read 1644181 times and generated 65 comments. The article was created on and updated on 12 March 2018.
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Total comments : 65
Des guevarra   (27 May 2018 6:07 PM)
Where we will go first if we want to transfer land certificate title of my deceased husband? What are the requirements?

admin   (07 June 2018 7:55 PM)
Hi Des, go to a Notary Public and tell the lawyer-in-charge that you want to transfer the land ownership from your husband to someone else. He will be willing to assist you on that matter.

joe viloria   (06 May 2018 10:31 PM)
What’s your contact information in the Philippines?

Bernadette Donaire   (11 April 2018 9:54 AM)
Where is your office in the Philippine? And phone number. Thank you

Evangeline Candelario   (08 April 2018 9:19 PM)
Paano po kung ang mga anak ng mayari ay halos namayapa na lahat at ang dalawang natitirang anak ay American Citizens subalit may mga anak dito sa Pilipinas na Filipino Citizens (bale, apo na po ng orihinal na mayari), maaari po ba itong itransfer directly sa mga apo?

Lovella Sarmiento   (07 April 2018 12:39 PM)
When does the timeframe start in paying the estate tax? Does it start from the time the deed of extrajudicial settlement of estate is published or processed or does it start from the time the title holder died?

Alma Evangelista   (05 April 2018 1:16 PM)
How long it will take to transfer lot title? How much it will cost? I’ve been waiting for my title for three years now. Who I need to ask for help?

Rayjanna   (03 April 2018 10:47 AM)
what if my original title was lost.. where can i request for the original title? or is it necessary that the original title be presented before the transfer?

Dennis   (02 April 2018 9:49 PM)
Hi. Ask ko lang po about our situation. May lupa po great grandparent ko. Di pa po nahati sa grandparent ko and her siblings. Paano po namin ma-process yung lupa to be titled kahit man lang sa anak ng grandparent ko, that is, to my parent and his siblings kung deceased na both great grandparent and grandparent ko? Thank you.

Kathy Sioson   (02 April 2018 6:19 AM)
My late great grandmother left a parcel of land with 1096 square meter. Her step sister declared that my late grand mother has no children and made a self adjudication stating that she is the only relative left. My late grandmother have 3 children. Now the step sister of my great grandmother sold the property to her child. Now she is dead. How can we get the said property?

Annalyn Bacsa   (01 April 2018 6:27 AM)
How to get a land title to the one owner if others did not cooperate with a proper turn over of subdivided land?I mean siblings having an argument to the land because 1 of them sell it to other people.How will it be transfered to a buyer?

Jasmin concepcion   (31 March 2018 8:01 PM)
hello po, i need your guidance and assistance po. regarding po ito sa mga lupa na naiwan ng lolo at lola ko n hindi nailipat sa knyang 7 anak. pareho n po silang namatay mga 80's pa po. pero ang naging administrador po ng lupa nila ay ang panganay nilang anak. at dahil dito hindi nya pinaalam sa iba p niyang kapatid kung ano ano ang mga lupa na hinahawakan niya. xa din nagddisisyon kung cno lng ang bibigyan ng ani ng lupa. di nman po umaangal mga kapatid nya ksama n dun ang nanay ko. 10 yrs ago po namatay ang nanay ko at nagulat kmi dahil hindi xa nagpunta sa burol ng kapatid. at after po malibing c nanay bigla po kaming pinalayas sa bahay dahil sa knya lamang daw po iyong at lupa daw po nya iyon, at kung cno lng daw po ang gus2 nya bigyan. tama po b iyon?? last week po namaty n din yung tita ko n iyon. may naiwan p pong 2 kapatid. ano na po mangyayari sa mga lupa n iyon?? balita po namin nagbebenta n yung mga paborito niyang pamangkin ng lupa. ano po kaya ang dapat kung gawin.

Jovethcab   (26 October 2017 7:14 PM)
Hi my father is the oldest of the siblings .but since my grandparents which the parents of my father died without any papers to show who will have their property.
So the other sibling of my father took the tittles of the properties of my grandparents . And he is the one also making the decisions and give small area only to the other siblings . So my father which is the oldest get small peace of land o lay while him and two more siblings has big properties.
But ofcourse as his daughter . I feel pity to My father because he only got small properties.
So my questions are:

1: who has the right to decide the properties from my grandparents ?
2: they said that mostly the oldest of the sibling will be the one who should have more rights to hold the titles and make it fairly amount of land ?
3:if I consult this to the DAR do you think we could make this right ?
4: do you think it will cost us much money if we will put this in court to get correct?

Please help me we really needed an answer and idea because their siblings are Soemtimes fighting because of this problem .
Please help us thank you .

Charess Macabinguil   (22 September 2017 10:32 AM)
what if, the owner of the property is dead and he don't have spouse and children. And the property He bought is in the mother title.He don't have his own title, He only have deed of sale?

RAMON PEREZ   (28 August 2017 10:05 AM)
Hi good morning ask me lang in my situation namatay Na yung Asawa ko and nskspangalan sa kanya yung lupa papano ang gagawin ko to transfer the title in my name can you please help me thanks

Vener O. Naparam   (07 June 2017 9:52 AM)
Hi,
I need assistance/guidance on this problem: An original land which is Titled under my wife's grand father had been subdivided by a registered geodetic engineer. The original subdivision plan is in my wife's custody. NO QUESTIONS and oppositions from his father's brothers/sisters. Now, HOW COULD MY WIFE EARN A TITLE as His FATHER has donated that subdivided lot into hers? No questions and opposing actions from her sisters (siblings) then. Please guide me. Thank You.

lovely fabian   (09 April 2017 0:45 AM)
how much cost of publishing the land title?

ARISTON VILORIA   (20 March 2017 6:27 AM)
No 44 divide greatgrandparent land to his children first, then they will be divide to children of grandparent then your parents didived to you their children.

fmbautista   (11 March 2017 8:14 AM)
Regarding Transferring Land Title from deceased parents - what is the difference, if any, in the above procedures if the deceased parents have executed a last will and testament or if there is none?  Thank you.

samuel granita   (10 March 2017 8:17 AM)
I'm a sole heir.
What procedures do I have to do?

Carolina N. Santos   (09 March 2017 11:37 PM)
We had our property about 225 sq.m. which was not transferred by our grandparents to my mother and her siblings of 9. My mother and her 6 siblings (4 siblings with wife and children and 2 siblings died single) already died. The remaining 2 siblings with family and 1 single. How are we going to divide the 225 sq. m. Land with improvement.

Thank you

Feliciano Patena   (09 March 2017 11:14 PM)
Always have problem with land,my wife has inheritance from their parents of a big estate somewhere in the province of LAGUNA. The problem is this property was not transfer to the their parents by the great grandparent so the title still under the grandparents. All of them are deceased now. The land is administered by the cousin.To make the story short the grandparent has 2 surviving children the other one has 2 children and my wife parents has 9 children.They have discussion on how this property to be distributed to the surviving children thru judicial partition equally to the 11 surviving however the cousin doesn't want to subdivided that way he wants the land to be divided into two,one part to his parent and one part to my wife parent in which case is not feasible because both parents where deceased during the talk.

Please provide an expert explanation on this matter. It is been so long that only the cousin is benefiting in all the crafts that were produce by the land even part of the harvest for the 5 hectare rice field. Four of my wife siblings deceased already only five are still alive. Please help us to settle this problem and if you can advice to give us an attorney to settle this matter is much appreciated.

EMILIA ABALAJEN   (09 March 2017 4:28 PM)
How is Estate Tax computed?

Emee

Andrew Fernandez   (09 March 2017 12:05 PM)
Correct me if I misinterpreted some few terms. I have here with me the technical description for the division of land (rice field) of the three heirs; my father, his brother and his sister. Mother and father died long ago. After the death of my father, my mother provided us the extra-judicial settlement and signed by us (we're three sons I'm the eldest). My youngest brother got my parent's house with the title already in his name. The problem now is the 1.7 hectare rice field shared between me and my other brother with the land title still in the name of our late grandfather. What shall I do with this, with my father that is already dead and I want it transferred in our name? The other heirs my uncle and my auntie both residing in Manila asked me to take charge of everything since I'm the only one here in the province(Leyte). What would be my first step? Please help. I worried much of the Estate Tax. Please Reply.Thank you.

GieReyes   (09 March 2017 8:39 AM)
Good day,
My known friend selling a Land Title to me which is on said Title under his Father and Mother name, both deceased. I verified the Title is legit i checked in Registry of Deeds and ask also for Certification of True Copy.My Question, What to do to purchase this Land Title? My friend has 2 brother and they all both agreed and willing to signed in Deed of Absolute Sale in front of a lawyer. Other than this what should i do?
Thanks and more power.

Maria Cruz   (09 March 2017 3:57 AM)
oldest brother took over my mothers property and transferred to his name while mother was very ill in 2005; mother passed in 2006. There are other siblings and oldest brother had taken over rental properties and mother's income from her mango trees. I don't know how to go about splitting the property among siblings as he refuses to talk to me.

John   (08 March 2017 1:26 PM)
What are the taxes that i need to pay po.

Heidelisa Labra   (08 March 2017 5:49 AM)
How much will be paid for the Estate Tax?

Richard Savelano   (07 March 2017 5:02 PM)
Having a problem on transfer of Real Property in the Philippines? I may help you.. send me details at rtsavellano@yahoo.com.

Orly Juliada   (29 January 2017 12:46 PM)
Hi,

Good Day!

I hope you can give me some advise on how to transfer land title from a deceased seller.
Here is the scenario:
My father bought a land and he was not able to transfer the title to his name until the moment he died.
Came to a moment that my mother died and was not able to settle the papers.
Now, we need to transfer the title probably to my name (just for formality since it still a common property with my siblings).
Upon checking, the record shows that it still under the seller's father's name (also deceased). Meaning the land is a hereditary property. Please help to advise on how to settle the papers to be into my name.

Thanks and regards,

Orly

Orly Juliada   (29 January 2017 12:16 PM)
Hi,

Good day. I hope you can give me some advise about transfer of title of my parents land.
Here is the scenario:
Last 1984 my father bought a land and the title was never transferred to my father's name until the moment he died.
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