Affidavit of Self-Adjudication for a Sole Heir in the Philippines

A comprehensive guide to when, why, and how to use it—plus a complete template you can adapt.

1) What is an Affidavit of Self-Adjudication?

An Affidavit of Self-Adjudication (ASA) is a notarized statement executed by the sole heir of a person who died without a will (intestate), declaring that (a) the affiant is the decedent’s only heir, (b) the estate has no outstanding debts (or all have been settled), and (c) the heir adjudicates or assigns the estate’s properties to themself.

It is one of the procedures recognized under Rule 74 of the Rules of Court on extrajudicial settlement of estates. For a sole heir, the ASA is the streamlined alternative to a court probate or full-blown estate proceeding—provided legal conditions are met.

2) When can you use it? (Legal requisites)

You may use an ASA only if all of the following are true:

Intestate death – The decedent left no will.
Sole heir – There is only one legal heir under the Civil Code rules on intestate succession (e.g., an only legitimate child; a surviving spouse who is the only heir because there are no descendants or ascendants, etc.).
No debts – The decedent left no unpaid obligations, or all liabilities, taxes, and expenses have been fully settled.
Property certainty – The properties to be adjudicated (real or personal) are known, sufficiently described, and capable of transfer.

If any of these is missing—e.g., another heir exists, the decedent left debts that remain unpaid, or there is a will—do not use an ASA. Consider an Extrajudicial Settlement by Agreement (if there are multiple heirs but no debts), or appropriate court proceedings (e.g., probate, summary settlement).

3) What does an ASA do—and not do?

It does:

Transfer title or ownership from the decedent to the sole heir, after compliance with taxes and registration requirements.
Serve as the primary instrument for updating records with the Registry of Deeds (for land/condo), LRA, Assessor’s Office, banks, LTO (for vehicles), corporate secretaries (for shares), and other registries.

It does not:

Cut off the rights of creditors or omitted heirs. For a period (commonly treated as two (2) years from publication—see below), persons with lawful claims can still pursue appropriate remedies (e.g., reconveyance, claim against the heir).
Replace tax compliance. The estate tax (and related clearances) remains a prerequisite to registration and transfer.

4) Publication requirement

Even for a sole-heir ASA, publication in a newspaper of general circulation is required: once a week for three (3) consecutive weeks. Keep the original clippings and the publisher’s affidavit because registries often require proof of publication before effecting transfers, and publication also places the public on notice (important for the two-year claims window).

5) Taxes and clearances (estate tax and CAR)

Before registries will transfer title, the heir must settle the estate tax with the Bureau of Internal Revenue (BIR) and secure a Certificate Authorizing Registration (CAR) (or its current BIR equivalent), which evidences tax clearance for the specific assets.

Typical BIR dossier (items vary by asset class and BIR office):

Death Certificate of the decedent
Birth/Marriage Certificates establishing heirship
Taxpayer Identification Numbers (TINs) of decedent and heir
Inventory of assets and liabilities (with supporting documents and valuations)
Titles/Tax Declarations for real property; latest real property tax (RPT) receipts/clearances
Bank certifications, stock certificates, vehicle OR/CR, business interests, etc.
Affidavit of Self-Adjudication (notarized)
Any proof of debt settlement (if applicable)

Practical tip: Start with the BIR before lodging documents with the Registry of Deeds, LTO, banks, or corporations. Most registries will not proceed without the CAR.

6) Step-by-step process

Confirm eligibility
- Verify sole-heir status under intestate succession rules.
- Ensure there are no unpaid debts (or settle them).
- Identify and describe all assets.
Prepare the ASA
- Use precise legal descriptions for properties (e.g., TCT/Condo CCT numbers, technical descriptions, plate/engine/chassis for vehicles, certificate numbers for shares).
- Include the no-debts declaration, your assumption of liability for any later claims within the statutory period, and an adjudication clause placing the properties in your name.
Notarize the ASA
- Execute personally before a notary public with valid IDs.
- If signing by representative, secure a Special Power of Attorney (SPA); some offices may still require personal appearance of the heir.
Publish the ASA
- Arrange publication once a week for three consecutive weeks in a newspaper of general circulation.
- Keep clippings and the publisher’s affidavit.
Settle estate taxes with the BIR
- File the estate tax return and pay any estate tax, surcharges, and interest, as applicable.
- Obtain the CAR (or equivalent BIR clearance) for each asset to be transferred.
Transfer and registration (asset-specific)
- Real property (Registry of Deeds / Assessor):
  - Present Owner’s Duplicate Certificate of Title, CAR, proof of publication, notarized ASA, tax clearances, and IDs.
  - Have the ASA annotated and secure issuance of a new title in the heir’s name; update Tax Declaration with the Assessor.
- Vehicles (LTO):
  - Submit notarized ASA, CAR, original OR/CR, IDs; process transfer and issuance of new CR and sticker.
- Bank accounts:
  - Provide bank with CAR, ASA, IDs, and bank-specific forms for release or transfer of funds.
- Shares of stock / corporate interests:
  - Submit ASA, CAR, original certificates, board requirements; have new share certificates issued in the heir’s name.
- Other registrable assets:
  - Follow the sector registry’s checklist (e.g., IP, business permits, etc.).
Keep records
- Maintain a file containing the notarized ASA, publication proofs, BIR filings/CARs, receipts, and all registry documents.

7) Asset-by-asset nuances

Real property:
- Use exact technical descriptions and TCT/CCT numbers.
- RPT arrears (if any) must be cleared.
- Some RDs require the original newspaper clippings plus publisher’s affidavit.
Condominiums:
- Check if the condo corporation needs to pre-clear arrears or dues before ROD transfer.
Vehicles:
- LTO will often require PNP-HPG clearance for certain cases; confirm local practice.
- Ensure the engine/chassis numbers match the CR.
Bank deposits:
- Banks have internal claim forms and thresholds; some require branch of account processing.
Shares/Corporations:
- Corporate secretaries may require a board note and surrender of original certificates before re-issuance.

8) Risks, liabilities, and the “two-year rule”

Publication does not shield you from legitimate claims by omitted heirs or creditors.
Within a period traditionally observed as two (2) years from the last publication date, a creditor or another heir may sue to recover or set aside the transfer to the extent of their lawful interest.
Making false statements (e.g., denying the existence of another heir or concealing debts) may expose the affiant to civil liability (e.g., reconveyance, damages) and potential criminal liability (e.g., perjury).

9) Common pitfalls (and how to avoid them)

Using an ASA despite multiple heirs
- If there is more than one heir, execute an Extrajudicial Settlement by Agreement instead, with a bond when required by law.
Ignoring debts
- Unsettled obligations can derail transfers and trigger creditor actions later. Settle or secure written waivers.
Skipping publication
- Registries may refuse transfer; you also lose the benefit of public notice.
Incomplete BIR package
- The CAR will not be issued until the file is complete and taxes paid.
Vague property descriptions
- Leads to annotation and registration issues. Use exact identifiers (TCT/CCT numbers, plate/engine numbers, certificate numbers).
Late or disorganized compliance
- Keep a timeline and a document checklist; many offices enforce strict documentary standards.

10) Drafting tips: what the affidavit should contain

Title (e.g., “Affidavit of Self-Adjudication”)
Affiant’s identity (name, age, citizenship, civil status, address; TIN if available)
Decedent’s details (name, date/place of death; attach death certificate)
Heirship facts (relationship and statement that affiant is the sole heir)
No-debt declaration (or that all obligations have been settled)
Asset description (complete, by class: real property, personal property, deposits, shares, vehicles)
Adjudication clause (heir adjudicates and transfers estate assets to self)
Assumption of liability (for claims that may surface within the statutory period)
Undertaking to publish (and to submit proofs to registries)
Signature and notarization (acknowledgment before a notary public)

11) Complete sample template (editable)

Note: Replace bracketed text with your details. Keep property descriptions exact.

REPUBLIC OF THE PHILIPPINES )
[City/Municipality]           ) S.S.

                  AFFIDAVIT OF SELF-ADJUDICATION
                           (Sole Heir)

I, [Full Name of Heir], of legal age, [citizenship], [civil status],
residing at [Complete Address], after having been duly sworn in accordance
with law, depose and state that:

1. That [Full Name of Decedent] (“Decedent”) died intestate (without a will)
   on [Date of Death] in [Place of Death], as evidenced by the attached
   Certificate of Death.

2. That I am the [relationship, e.g., legitimate son/daughter/spouse] and
   the SOLE and only heir of the Decedent under the laws on intestate
   succession; there are no other heirs, compulsory or otherwise.

3. That the Decedent left NO outstanding debts or obligations, or that all
   such obligations, if any, have been fully settled.

4. That the estate of the Decedent is composed of the following properties:

   A. REAL PROPERTY
      - [TCT/CCT No. ______], located at [Address/Location], with an area of
        [___ sq m], more particularly described as: “[Insert technical
        description or attach as Annex “A”].”
      - [Add as needed.]

   B. PERSONAL PROPERTY
      - Vehicle: [Make/Model], Plate No. [____], Engine No. [____],
        Chassis No. [____], as per OR/CR attached as Annex “B”.
      - Bank Deposits: [Bank], [Branch], Account No. [____] (if required by
        bank, provide separate inventory/annex).
      - Shares of Stock: [Corp. Name], Cert. No(s). [____], totaling [____]
        shares. [Attach supporting docs.]

5. That pursuant to Rule 74, I hereby ADJUDICATE unto myself the above-
   described estate properties of the Decedent, and request all pertinent
   registries, agencies, corporations, and offices to transfer and/or issue
   new titles/certificates/records in my name, subject to the payment of
   applicable taxes and fees.

6. That I undertake to cause the PUBLICATION of this Affidavit in a
   newspaper of general circulation once a week for three (3) consecutive
   weeks and to submit proof of publication to the concerned offices.

7. That I hereby assume responsibility for any lawful claims by creditors or
   other persons with a better right, within the period allowed by law, and
   agree to answer therefor to the extent of the value of the estate I have
   received.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [place],
Philippines.

                                     ______________________________
                                     [Full Name of Heir]
                                     TIN: [____] (if available)
                                     ID: [Type/No./Iss. Date/Place]

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )
[City/Municipality]           ) S.S.

BEFORE ME, a Notary Public for and in [City/Municipality], this [date],
personally appeared [Name of Heir], with [ID type/number/issuance details],
known to me and to me known to be the same person who executed the
foregoing Affidavit of Self-Adjudication and acknowledged to me that the
same is his/her free and voluntary act and deed.

This instrument consists of [__] page(s), including this page on which this
Acknowledgment is written, duly signed by the affiant and the witnesses on
each and every page.

WITNESS MY HAND AND NOTARIAL SEAL, on the date and at the place first above
written.

                                     ______________________________
                                     Notary Public
                                     Doc. No. ____;
                                     Page No. ____;
                                     Book No. ____;
                                     Series of ____.

12) Practical checklists

Core documents

Notarized ASA (original + copies)
Proof of publication (3 consecutive weeks + publisher’s affidavit)
Death Certificate
Heirship proofs (birth/marriage certificates; IDs; TINs)
Inventory of assets (+ supporting docs)
BIR filings and CAR for the assets
Tax clearances (e.g., RPT for real property)
Asset-specific originals (TCT/CCT, OR/CR, stock certs, passbooks, etc.)

Filing sequence (quick map)

Draft & notarize ASA → 2) Publish (3 weeks) → 3) BIR estate tax & CAR →
Registry/agency transfers per asset → 5) Keep the complete file

13) FAQs

Q: Can I file the ASA even if there are small unpaid debts? A: Best practice: settle first or secure written waivers/releases. The “no-debt” declaration is central; misstatements jeopardize validity and expose you to liability.

Q: What if another heir later appears? A: They may sue to reconvey their lawful share within the period allowed by law. Settlement is often reached by returning or conveying the appropriate portion (or paying its value).

Q: Is a bond required for a sole-heir ASA? A: Generally, no. Bonds pertain to multi-heir extrajudicial settlements under specific circumstances. For a sole heir, publication and tax compliance are the key formalities.

Q: Can the ASA cover all asset types? A: Yes—real property, vehicles, bank accounts, securities, business interests—provided they are properly identified and you comply with each registry’s documentary rules.

Q: Do I still need the court? A: Not if all ASA requisites are satisfied. If there is a will, contestation, debts, or multiple heirs with disputes, court proceedings are the safer route.

14) Final notes

Treat the ASA as a formal, precise instrument—errors in heirship, property description, or compliance can stall transfers.
Publication & taxes are not paperwork niceties; they are gatekeepers to registration.
Keep an eye on current BIR issuances and local registry circulars, as procedural checklists can evolve. When in doubt, consult a Philippine lawyer or a seasoned documents specialist.

This article is intended for general guidance in the Philippine context and does not constitute legal advice for any specific case.