Buying real property in the Philippines is already paperwork-heavy even when the registered owner is alive. When the title is still in the name of a deceased person, the transaction becomes an estate settlement problem first, and only then a sale. Many buyers get burned not because the land “doesn’t exist,” but because the seller had no authority, some heirs were missing, the deed was defective, or tax/estate rules were ignored, making the transfer impossible or vulnerable to attack later.

This article lays out the practical and legal framework for (1) identifying who must sign, (2) confirming capacity/authority to sell, and (3) ensuring the sale can be registered and will stand up against future heir disputes.

1) Core Rule: A Dead Person Cannot Sell; Only the Estate (Through Heirs/Representative) Can

A Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT) titled to a deceased owner does not “freeze” ownership in that name forever. Upon death, ownership passes to the heirs by operation of law, but as to third persons and registration, the estate must be properly settled and the heirs’ rights must be established.

So, if someone says:

“Ako ang anak, ibenta na natin,” or
“Ako ang asawa, akin ’yan,” or
“May SPA ako,” that is not enough. A buyer must confirm:

Who the heirs are (complete list), and
Who has authority to convey the property, and
That the deed and the settlement steps are registrable (so the Registry of Deeds will issue a new title).

2) First Diagnosis: Is It Really the Deceased Owner’s Property?

A. Confirm the title is genuine and current

Obtain a Certified True Copy (CTC) of the title from the Registry of Deeds (not just photocopies). This is the buyer’s baseline for:

Exact owner name(s)
Title number and technical description
Annotations (mortgage, adverse claim, lis pendens, levy, attachments, notices)

B. Check for liens and disputes

Annotations can make a “sale” useless or risky. Watch for:

Mortgage (bank or private)
Lis pendens (pending court case)
Adverse claim
Levy/attachment/execution
Notice of tax delinquency / auction
Encumbrances in the title’s memorandum

C. Verify real-property tax and actual possession

From the LGU/Assessor/City Treasurer:

Tax Declaration (Tax Dec) history
Real Property Tax (RPT) clearance
Delinquencies, penalties, and whether the property is under any tax sale process

Then do ground verification:

Who is occupying?
Are there informal settlers, tenants, or boundary issues?
Is there a right of way problem?

Practical point: The title can be clean while the possession is not. Possession problems become costly eviction/litigation problems later.

3) Identify the Heirs: Who Must Consent?

A. Determine if there is a will

Ask for proof and do diligence:

If there is a will, settlement is typically testate (court-supervised, probate), and authority to sell often flows through the executor/administrator with court approval rules.
If no will, it is intestate succession, and heirs are determined by relationship.

B. Mandatory documents to map heirs

At minimum, require:

Death Certificate of the registered owner
Marriage Certificate (if married)
Birth Certificates of children
If a child is deceased: that child’s Death Certificate and their heirs’ documents (representation matters)
If the spouse is deceased: spouse’s Death Certificate
Where needed: CENOMAR, recognition papers, adoption papers, legitimation, etc.

C. Typical heir groups in Philippine intestacy (common scenarios)

1) Decedent is married and has legitimate children Heirs usually include:

Surviving spouse
All legitimate children (and descendants of predeceased children by representation)

2) Decedent is married but no children Heirs can include:

Surviving spouse
Parents / ascendants (depending on who survives)
If no parents: other relatives depending on the case

3) Decedent is single with children Heirs:

Children (and descendants by representation)

4) Illegitimate children Illegitimate children can inherit, but proof of filiation matters. They can be heirs who must be included, depending on circumstances.

5) Property is conjugal/community property vs exclusive property If the property was acquired during marriage, you must determine:

What portion belonged to the surviving spouse as their share in the property regime, and
What portion belongs to the estate of the deceased (the part that is inherited).

This is critical because many sellers mistakenly treat the entire property as “estate property,” or the spouse claims the entire property, creating defective conveyances.

4) The Non-Negotiable Buyer Principle: All Heirs Must Sign (Unless There’s Proper Authority)

A. Why “one heir selling” is dangerous

If the property is inherited by multiple heirs, each heir owns an undivided share. A person can generally sell only what they own. If only one heir sells without authority from the others, the buyer risks:

Acquiring only that heir’s fractional share, or
A sale that becomes unregistrable, or
A future action to annul/partition/recover.

B. Valid alternatives to “everyone signing”

If not all heirs will sign the deed of sale, you need legally effective substitutes, such as:

A properly executed Special Power of Attorney (SPA) from each non-appearing heir authorizing the sale, or
A court-appointed administrator/executor with authority and compliance with court requirements, or
A prior settlement instrument that clearly vests title/ownership in one person (and is registrable), after which that person sells.

Warning: A generic SPA (or a simple authorization letter) is often insufficient. SPAs must be specific, properly notarized, and for those abroad, properly consularized/apostilled (depending on where executed and applicable rules).

5) Settlement Pathways Before Sale (or As Part of the Sale)

Buying land titled to a deceased owner is usually done in one of three ways:

Path 1: Settle the estate first, transfer title to heirs, then sell

This is the cleanest, most registrable approach:

Extrajudicial Settlement (if allowed), or Judicial Settlement (if needed)
Pay estate tax and secure eCAR
Transfer title to heirs (or to the adjudicatee)
Heirs sell to the buyer with a normal deed of sale

Pros: Clean chain of title Cons: Takes time; requires cooperation

Path 2: “Two-step on paper” in one transaction (settle and sell close together)

Common in practice: execute settlement documents and deed of sale in sequence, then register in order. The Registry of Deeds and BIR requirements can be strict; the steps must match the registrable path.

Path 3: Court-supervised (testate or intestate with issues)

Needed when:

There is a will to probate
Heirs dispute
Missing heirs
Minor heirs
Doubtful filiation
Estate creditors
Complex properties

Court routes are slower and more expensive but provide stronger protection when facts are messy.

6) Extrajudicial Settlement (EJS): When It’s Allowed, and Common Traps

Extrajudicial settlement is commonly used when:

The decedent died without a will, and
The estate has no outstanding debts (or they are addressed), and
The heirs are in agreement.

Key elements:

A notarized Extrajudicial Settlement / Deed of Adjudication / Partition
Publication requirement (commonly required in practice for settlement instruments presented for registration)
Estate tax compliance and issuance of eCAR
Registration of the settlement with the Registry of Deeds

Common buyer traps in EJS:

Not all heirs are included (including heirs by representation)
False statement of “no debts” when there are creditors
Heirs “forget” an illegitimate child or a predeceased child’s descendants
Use of Deed of Sale without proper settlement, leading to denial of registration
Wrong property regime assumptions, mixing spouse’s share and estate share
Defective notarization (notary issues can invalidate public instruments)
No publication/insufficient formalities (often raised later to attack settlement)

A buyer should treat EJS as a high-stakes document: if flawed, it can unravel.

7) Special Situations That Change the Rules (High Risk)

A. Minor heirs

If any heir is a minor, transactions involving the minor’s share often require stricter safeguards and typically court authority/approval or compliant mechanisms to protect the minor’s interest. A deed signed without proper authority is vulnerable.

B. Missing or unknown heirs

If an heir is missing, you cannot simply proceed without them. Solutions may involve:

Court proceedings
Proper representation mechanisms
Carefully structured deposit/escrow and settlement steps (but escrow alone does not cure lack of authority)

C. Overseas heirs

If heirs sign abroad:

Their SPA or deed must be executed before the appropriate officer and properly authenticated (e.g., consularization/apostille, depending on the jurisdiction and applicable requirements).
Identity verification is critical.

D. Heirs who already died (representation)

If an heir is deceased, their children/descendants step into their place in many scenarios. You must capture the next generation of heirs and documents. Many failed transfers come from ignoring representation.

E. Estate with debts or creditors

Estate settlement that prejudices creditors can be attacked. Even if the buyer gets a deed, it may be challenged if estate obligations were ignored.

F. Property is part of a bigger family landholding / unpartitioned co-ownership

You may be buying into a co-ownership dispute. Partition and boundaries can later become a problem.

8) Due Diligence Checklist for Buyers (Heirs + Authority + Registrability)

A. Title and land checks

Certified True Copy of Title (RD)
Latest tax declaration and tax map (Assessor)
RPT clearance (Treasurer)
Verify technical description vs actual boundaries (consider geodetic engineer)
Check if land is agricultural / covered by restrictions (classification and use)
Check for easements, road access, encroachments

B. Heir verification pack

Death certificate of registered owner
Marriage certificate (if applicable)
Birth certificates of all children
Death certificates for predeceased heirs
Proof of filiation for illegitimate children, if relevant
IDs of all heirs and spouses; specimen signatures

C. Authority documents

Depending on route:

Extrajudicial Settlement / Deed of Adjudication / Partition (notarized)
SPAs for absent heirs (properly executed, authenticated if abroad)
Court letters/appointments if judicial settlement
Proof of estate tax compliance and eCAR requirements pathway

D. Registrability sanity check

Before paying in full, confirm that:

The deed forms match what BIR and RD will accept
Names match exactly across documents
Property description matches the title
Required consents/signatures are complete
Notarization is proper (venue, competent notary, personal appearance, etc.)

9) Structuring the Transaction: Payment, Possession, and Risk Control

A. Never rely on “we will fix the papers later”

For a title in a deceased person’s name, “later” can become never if:

a missing heir appears,
heirs fall out,
an heir dies, multiplying signatories,
a creditor claims,
taxes/penalties balloon.

B. Common safer structures (conceptually)

Conditional sale / contract to sell: Buyer pays in tranches as documents are completed; final payment upon issuance of eCAR and acceptance by RD for transfer.
Escrow with clear release conditions tied to registrability milestones (not just signatures).
Possession handover only after key documents are complete, unless you can tolerate eviction risk.

C. Avoid “quitclaim disguised as sale”

Some sellers offer a deed of sale but with language that effectively limits warranties or acknowledges uncertain ownership. That is a red flag unless priced and structured as a speculative purchase (and even then, registration hurdles remain).

10) Taxes and Transfer Costs You Must Expect

Buying from an estate typically triggers layered obligations. In practice, you will deal with:

Estate tax compliance (required before transfer out of the deceased’s name; usually evidenced by an eCAR)
Capital gains tax or other applicable taxes, depending on transaction structure
Documentary stamp tax
Transfer tax (LGU)
Registration fees (Registry of Deeds)
Notarial fees, publication costs (for settlement documents), penalties/interest if delayed

Practical point: When death occurred long ago, penalties and interest can be significant. Buyers should price this into the deal or allocate it clearly in writing.

11) Red Flags That Should Stop You (or Force Court Route)

Seller refuses to produce a Certified True Copy from RD
“Heirs” cannot provide civil registry documents or insist on affidavits only
Incomplete heir tree (“may isa pang anak pero di kasama”)
Anyone insists: “Pirma lang ng asawa/anak sapat na” without proof
Any heir is a minor but no court safeguards are discussed
There is an annotation of lis pendens, adverse claim, levy, or unresolved mortgage
Occupants are not aligned with sellers; boundary disputes exist
Notary arrangements are irregular (no personal appearance, questionable notarization)
Payment demanded in full before estate tax/eCAR pathway is clear
Property description in documents does not match title; names don’t match

When these appear, assume you’re buying a lawsuit unless the structure neutralizes the risk.

12) What Makes a “Valid Sale” That Will Survive Heir Challenges?

A sale is much more defensible when:

All heirs (and spouses where needed) sign, or validly authorize via SPA
The estate is properly settled (EJS/judicial), with correct heir inclusion
Estate tax compliance is completed and the property is cleared for transfer
The deed is a proper public instrument (valid notarization)
Registration steps are completed so the buyer’s title is issued
Possession is delivered consistently with the deed
The buyer is in good faith, supported by thorough due diligence and clean documentation

In Philippine practice, the “real finish line” is a new title issued in the buyer’s name. If your documents cannot reach that point, the sale is not practically complete, even if money changed hands.

13) Practical Buyer Roadmap (Step-by-Step)

Get CTC of title from RD; review annotations
Verify tax status, tax declaration, classification, possession, boundaries
Build heir tree using civil registry documents
Decide settlement route:
- Extrajudicial (clean case, complete heirs, agreement), or
- Judicial (will/disputes/minors/missing heirs/creditors)
Prepare settlement instrument properly (or court filings)
Ensure estate tax compliance pathway and eCAR requirements are met
Execute deed of sale only with complete signatories/authority
Pay in tranches tied to registrability milestones
Register documents in correct order; obtain new title in buyer’s name
Deliver possession and update tax declaration to buyer

14) Bottom Line

When land remains titled to a deceased owner, the buyer’s biggest risk is not the land—it’s the identity and completeness of the heirs and the authority to sell. A safe purchase requires (1) a complete heir map backed by civil registry documents, (2) a legally correct estate settlement path, (3) proper authority and notarized instruments, and (4) tax and registration compliance leading to a new title.