Legal note (important)

This article is for general information in the Philippine setting and is not a substitute for advice from a lawyer, notary public, or the BIR/Registry of Deeds on your specific facts.

1) What an “Extrajudicial Settlement With Sale” really is

In Philippine practice, an Extrajudicial Settlement (EJS) is a method of settling an estate without going to court when the law allows it. When people say “Extrajudicial Settlement With Sale,” they usually mean one of these document structures:

EJS / Extrajudicial Partition (heirs identify themselves, list properties, and adjudicate/partition the estate) plus a separate Deed of Sale to the buyer; or
A combined instrument such as “Deed of Extrajudicial Settlement (or Partition) With Absolute Sale” where the heirs settle and simultaneously sell the property (often to a single buyer).

Either way, the idea is: the heirs first become the recognized transferees of the decedent’s property, and then they convey it to the buyer—without judicial proceedings.

2) When extrajudicial settlement is allowed

Extrajudicial settlement is generally allowed when the decedent:

Died intestate (no will), or the will is not being used for settlement; and
Left no outstanding debts (or, in practice, heirs declare there are none); and
The heirs are all known and can act (all of age, or minors are represented properly); and
The settlement is done through a public instrument (notarized document) or, in limited cases, a sworn instrument appropriate to the situation.

A key practical point: even if the heirs declare “no debts,” creditors or omitted heirs can still pursue remedies later. That’s why compliance steps matter.

3) Why IDs become a make-or-break issue

An EJS with sale almost always requires notarization. Notarization in the Philippines is not a mere formality—without it, registries and agencies usually won’t process transfers, and the document’s legal effect is weakened.

Where IDs are commonly required

Notary public (for notarization of the EJS/partition and the deed of sale)
BIR (estate tax compliance and issuance of eCAR/CAR, depending on current process)
Registry of Deeds / Land Registration Authority system (transfer/registration of title, annotation, issuance of new TCT)
Assessor’s Office / LGU (tax declaration updates)
Banks / buyers / financing (KYC and risk controls)

Even if one office is flexible, another may not be.

4) The core problem: “Some heirs refuse to provide IDs”

This can mean different things in real life:

They refuse to sign anything, and also refuse IDs.
They will sign, but don’t want to hand over IDs (privacy concerns, family dispute).
They cannot produce valid IDs (lost IDs, no government ID, outdated IDs).
They are abroad and won’t send ID copies / won’t appear.
They are missing/unreachable, and no one can get their IDs.

The legal consequences depend on which scenario you’re in.

5) The legal baseline: you generally cannot bind a non-participating heir in an EJS

An extrajudicial settlement is fundamentally a consensual settlement among heirs. In most ordinary cases:

If a person is truly an heir, their hereditary share exists by operation of law upon death.
A settlement/partition that effectively disposes of or partitions their share without their participation is highly vulnerable to challenge.

So if an heir refuses to participate (and refuses IDs), the bigger issue is not just the ID—it’s lack of consent and execution.

6) What the notary is allowed (and not allowed) to do about IDs

A) Notaries must identify signatories

Notarial practice requires the notary to be satisfied as to the identity of each person signing. Typically, this is done by competent evidence of identity, usually through government-issued IDs bearing photo and signature.

B) If the heir will sign but “won’t provide ID”

In many cases, the notary will simply refuse notarization. Notaries are expected to avoid notarizing if they cannot properly identify the signer.

Possible workaround (case-dependent): credible witnesses Some notarial practice allows identification through credible witnesses who personally know the signer and present their own IDs, with appropriate notarial entries. But this only works if:

The heir is physically present to sign before the notary; and
Credible witnesses are available and acceptable to the notary; and
The notary is comfortable that the legal requirements are met.

If the heir refuses IDs and refuses to appear, credible witnesses won’t solve it.

C) If someone suggests “Just sign for them” or “attach someone else’s ID”

That can trigger serious consequences:

Document invalidity
Criminal exposure (falsification, use of falsified documents, perjury, fraud)
Civil liability and undoing of the transaction

7) What happens if you proceed without the refusing heirs?

Scenario 1: You execute an EJS “among the cooperating heirs only”

This is risky and often impractical.

If the EJS states or implies “we are the only heirs” when that is false, it is vulnerable to being attacked for misrepresentation.
Even if you disclose that other heirs exist but did not sign, the EJS typically cannot achieve the buyer’s goal: clean transfer of the entire title.

Real-world result: the Registry of Deeds/BIR/buyer may reject it, or it will only transfer what the signers actually can convey.

Scenario 2: You attempt to sell the entire property without all heirs signing

If the property is still part of the estate and effectively owned in co-ownership among heirs, a person generally cannot sell what they do not own/represent.

Real-world result: the buyer will not get clean ownership; the sale can be rescinded/partially enforced depending on facts, and disputes are likely.

8) Practical and legal options when heirs won’t provide IDs (or won’t cooperate)

Option A — Separate the “ID problem” from the “consent problem”

Ask first: Will they sign at all?

If yes, the issue is not consent; it’s notarial identification. → Explore acceptable identification methods (new ID, passport, consular ID), credible witnesses (if acceptable), personal appearance, etc.
If no, the issue is lack of participation. → You’ll likely need an approach that does not rely on their voluntary signature (see Options D–F).

Option B — If they will sign but lack/avoid IDs: lawful ways to get notarization done

Common solutions in practice:

Help them obtain an acceptable ID (passport, driver’s license, UMID-type IDs where applicable, PRC, etc.).
If abroad: Consular notarization or notarization abroad with proper authentication (requirements vary by country and current rules; the receiving notary/agency will have preferences).
Credible witness identification (only if the notary is willing and all formalities are met).
Ensure name consistency across civil registry records (common cause of ID refusal is mismatch—middle names, suffixes, spelling).

Tip: Many transactions fail due to mismatched names, not “bad faith.” Fixing civil registry/name issues early helps.

Option C — Sell only what the cooperating heirs can legally sell (undivided shares)

If some heirs won’t cooperate, the cooperating heirs may consider selling only their hereditary/undivided shares.

What this looks like:

A Deed of Sale of Undivided Shares/Rights/Interests executed by the consenting heirs in favor of the buyer.

Pros

Does not require signatures/IDs of the refusing heirs.
Buyer becomes co-owner of whatever shares were purchased.

Cons (big ones)

Buyer becomes co-owner with the refusing heirs—a recipe for conflict.
Buyer may need to file judicial partition later.
Many buyers (and banks) will not accept this, or will discount the price heavily.

This is usually a last resort unless the buyer is sophisticated and willing to litigate.

Option D — Partition among willing heirs only? Usually not effective for clean title

A true partition that allocates specific portions typically requires all co-owners/heirs to agree (or a court to order it). If refusing heirs don’t participate, partition is often not viable extrajudicially.

Option E — Judicial settlement / judicial partition (the “no-consent” path)

When one or more heirs refuse to participate, the cleanest path to a definitive result is often court proceedings, such as:

Judicial settlement of estate (special proceeding), especially if heirship is contested, heirs are uncooperative, or there are complexities; and/or
Action for partition (for co-owned property among heirs/co-owners), allowing the court to partition or order sale and distribute proceeds.

Why this solves the ID refusal: court processes can proceed with service of summons/notice, and the court can issue binding orders even if parties are uncooperative, as long as due process is satisfied.

Option F — If an heir is missing/unreachable (not just “refusing”)

If an heir cannot be located, families sometimes attempt extrajudicial workarounds, but those are risky. Court processes provide tools like:

Service by publication in appropriate situations (subject to court approval and rules)
Appointment of representatives in certain cases

The correct remedy depends on whether the heir is merely absent, unknown, or legally presumed dead (rare and fact-specific).

9) What if the “refusing heir” is not actually an heir?

Sometimes the dispute is really about who counts as an heir (e.g., legitimacy, recognition, second families, adopted children, etc.).

If heirship is uncertain:

Mislabeling someone as a non-heir in an EJS can backfire badly.
The safer path is often judicial determination or, at minimum, careful documentation proving the correct set of heirs.

10) Tax and registration realities: even perfect documents fail without complete compliance

Even if you get notarization, transfers usually require estate tax compliance and documentary requirements. In practice, you may need:

Death certificate
Proof of heirship (marriage certificate, birth certificates, family tree, etc.)
Title (TCT/OCT) and tax declaration
Estate tax filing and payment (or proof of exemption/relief if applicable under current rules)
Clearances / eCAR/CAR (terminology and process can vary by current BIR practice)
Publication requirements commonly associated with extrajudicial settlement
Payment of transfer taxes and registration fees

If some heirs refuse to give IDs, they often also refuse to provide TINs, signatures, community tax certificates, and personal appearance, which can block multiple steps.

11) The “two-year” risk and why buyers care

Extrajudicial settlements commonly carry a well-known practical risk window where persons with a better right (omitted heirs, creditors) may challenge the settlement. This is why buyers, banks, and registries are strict.

If your documentation shows missing heirs or suspicious execution, expect:

Delays
Rejections
Demands for judicial settlement
Price reductions or failed sales

12) Data privacy and “refusal to provide IDs”

Heirs sometimes cite privacy concerns. A workable middle ground is to:

Provide ID copies only to the notary and required agencies (BIR/Registry), and
Mask sensitive data where acceptable (some offices require full details; some accept partial masking—this varies),
Use written acknowledgments of limited use of ID copies.

But if the heir’s real issue is dispute, privacy arguments are often just a symptom.

13) Common “don’t do this” list

Don’t forge signatures or “sign for” an heir.
Don’t claim “we are the only heirs” if you know others exist.
Don’t rely on unnotarized agreements for title transfers (they may not be registrable).
Don’t assume a buyer can safely “fix it later.” Many buyers cannot, and litigation costs are real.

14) Practical decision guide (quick)

If heirs refuse IDs, ask these in order:

Will they sign at all?

If yes → solve notarial identification (IDs, consular, credible witnesses if acceptable).
If no → go to #2.

Is the buyer willing to buy only undivided shares?

If yes → consider sale of undivided interests (with strong legal counseling).
If no → go to #3.

Do you need a clean transfer of the whole property?

If yes → strongly consider judicial settlement/partition.
If no → you may restructure (co-ownership buyout, partial transfers, etc.).

15) Suggested clauses and documentation practices (high level)

To reduce disputes and rejection risk, instruments often include:

Clear statement of family relations and basis of heirship
Detailed property description (title number, technical description)
Clear statement about debts/claims (truthful and careful)
Allocation/partition terms
Separate, clear sale terms (price, payment, warranties)
Undertakings on estate tax compliance and cooperation
Authority for one heir to process paperwork (often via SPA, but note: SPAs also require notarization and identification)

16) When to consult counsel immediately (red flags)

One heir is threatening litigation or alleging fraud
The set of heirs is disputed (second family issues, recognition, adoption)
There are minors or incapacitated heirs
The property is high value or the buyer is bank-financed
You are being asked to proceed “without signatures” or “without IDs” through shortcuts

Bottom line

In an Extrajudicial Settlement With Sale, an heir refusing to provide IDs is usually a symptom of one of two blockers:

Notarial identification problem (they will sign but can’t/won’t comply with identification) → fixable sometimes through proper identification methods and appearance; or
Non-cooperation/consent problem (they won’t participate) → extrajudicial settlement cannot reliably produce a clean, whole-property sale; the realistic paths are selling only consenting heirs’ undivided shares (messy) or pursuing judicial settlement/partition (cleaner but longer and more formal).

If you want, describe your situation in a few bullets (property type, whether the title is still in the decedent’s name, how many heirs, whether the refusing heirs will sign at all, and whether anyone is abroad/minor), and I can map the most legally defensible route and the typical document set—without drafting anything that would require privileged legal advice.