Q and A BLOG
What If the Owner Is Already Deceased?
The short answer is: The property generally cannot be sold by the deceased owner anymore.
Once a property owner passes away, ownership and authority over the property become part of the estate of the deceased. Before the property can be legally sold or transferred, the estate must first be properly settled in accordance with Philippine law.
Here's what you should know:
1. Verify that the registered owner is deceased.
Request a copy of the Death Certificate and verify that it matches the name on the property's title.
2. Determine who the legal heirs are.
Identify the compulsory and legal heirs entitled to inherit the property.
3. The estate must first be settled.
Depending on the circumstances, this may involve an Extra-Judicial Settlement of Estate, a judicial settlement, or probate proceedings.
4. Estate taxes and other legal requirements must be complied with.
Before ownership can be transferred, the applicable taxes, fees, and documentary requirements should be completed.
5. The title should eventually be transferred to the heirs or the rightful buyer.
Only after the legal requirements have been satisfied can the property be validly transferred.
Broker's Tip
Don't assume that the children or relatives automatically have the authority to sell the property.
Before paying any reservation fee or purchase price, always verify:
Who the legal heirs are.
Whether the estate has already been settled.
Whether all required heirs have signed the necessary documents or have authorized representatives.
Whether the property's title and supporting documents are complete and consistent.
A proper due diligence process today can help prevent costly legal disputes tomorrow.
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Samuel O. Lao & Associates
Licensed Real Estate Broker (PRC REBL No. 1368)
0917 323 6123
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Disclaimer
This article is for general educational and informational purposes only and does not constitute legal, tax, or investment advice. Estate settlement and real estate transactions involve legal and tax requirements that vary depending on the facts of each case. Always conduct proper due diligence and consult a qualified lawyer, tax professional, and licensed real estate broker before making any legal or financial decisions involving inherited property.
