Overview

An extrajudicial settlement of estate is a private, written division or adjudication of a decedent’s estate without going to court, allowed only in specific situations. Even if the heirs sign the document in a different city, province, or even abroad, Philippine law imposes a publication requirement designed to protect creditors, omitted heirs, and other interested persons.

The core rule is found in Rule 74, Section 1 of the Rules of Court, which requires publication of the extrajudicial settlement in a newspaper of general circulation. This requirement is often misunderstood as “local” or “optional.” It is neither. It attaches to the act of extrajudicially settling an estate, and it must be complied with where publication is legally contemplated, regardless of where the heirs happen to be when they sign.

Note: This is general legal information on Philippine procedure, not legal advice for any specific case.

1) What counts as an “extrajudicial settlement”?

Extrajudicial settlement generally takes these forms:

Deed of Extrajudicial Settlement (EJS) Used when there are two or more heirs who agree on how to divide the estate.
Affidavit of Self-Adjudication Used only when there is a single heir (and no other compulsory or legal heirs). This is still treated under the same Rule 74 framework, and publication practice commonly follows the same protective purpose.
Deed of Partition with Waiver/Transfer among heirs Often combined with EJS language, especially when heirs allocate properties unevenly and some “waive” shares.

Key point: If the instrument is being used to transfer/settle estate property without court proceedings, publication concerns are triggered.

2) When is extrajudicial settlement allowed?

Extrajudicial settlement is allowed only if:

The decedent left no will (intestate), or no will is being enforced through proper probate; and
The decedent left no outstanding debts, or debts are settled/provided for; and
The heirs are all of age, or minors are properly represented (and extra safeguards apply); and
All heirs agree (unanimity is essential for true extrajudicial settlement).

If these conditions are not met, a judicial settlement (court) is generally required.

3) The publication requirement: what the law requires

A. The basic rule (Rule 74, Sec. 1)

After an extrajudicial settlement is made, the heirs must cause it to be:

Published in a newspaper of general circulation
Once a week for three (3) consecutive weeks
In the province where the estate is “situated” (more on location below)

B. What exactly must be published?

In practice, what gets published is a notice containing the essential fact of settlement—commonly titled something like:

“Notice of Extrajudicial Settlement”
“Notice of Self-Adjudication”
“Notice of Partition/Settlement of Estate”

The newspaper does not publish the entire deed verbatim in many cases; rather, it prints a notice identifying the decedent and the fact that heirs executed an extrajudicial settlement affecting the estate.

C. Why publication exists

Publication serves as constructive notice to:

Creditors who may have claims against the estate
Compulsory heirs who were omitted (e.g., children, spouse)
Other interested parties (buyers, co-owners, lienholders)

It is a public warning: “This estate is being settled outside court—raise any objections or claims within the period recognized by law.”

4) “Regardless of location”: where should publication be done?

This is the most practical and litigated issue in real life: heirs often sign in Manila while the property is in Cebu; or the decedent lived in Davao but had land in Pangasinan; or all heirs are abroad.

A. Signing location does not control publication

Where the document is notarized or signed (e.g., Quezon City, Dubai, Singapore) is not the controlling factor. Publication is tied to the estate’s legal situs—the place the law treats as relevant for notice.

B. The governing idea: “province where the estate is situated”

Rule 74 points to the province where the estate is situated. In practical Philippine estate settlement, the “estate” is commonly anchored to:

The decedent’s last residence/domicile in the Philippines, because that is where succession is typically “administered” in concept; and/or
The location of properties, especially real property, because land is immovable and local stakeholders (creditors, claimants) are best reached by local publication.

C. Common real-world approaches (and the safer practice)

Because estates can span multiple areas, practitioners typically follow a conservative approach:

If the decedent resided in Province/City A and the main properties are also there: Publish in a newspaper of general circulation covering that province.
If the decedent resided in Province A but real property is in Province B: Safer practice: publish where the real property is located (Province B), and if the estate is substantial or dispersed, consider publication that reasonably reaches interested parties in both areas.
If properties are in multiple provinces: The cautious, risk-reducing route is to publish in a newspaper of general circulation in the province most directly connected to the estate and (when feasible) additional publication in provinces where major real properties are located—particularly if titles will be transferred in those jurisdictions and local registries are strict.
If the decedent was a non-resident Filipino or died abroad but left property in the Philippines: Publication should be done in the province where the Philippine properties are located, because that is where the estate has a Philippine situs and where third parties would most reasonably be alerted.

Bottom line: Publication follows the estate’s connection to place (domicile/property location), not the heirs’ location or where the deed was signed.

5) What counts as a “newspaper of general circulation”?

A newspaper of general circulation is generally understood as one that:

Is published for the dissemination of local news and information to the public
Has a bona fide subscription base and regular release
Is not a niche or purely specialized flyer
Is widely available in the relevant province/area

In transactions, what matters is that it is recognized in practice as a newspaper of general circulation for the intended area, because the goal is meaningful constructive notice.

6) How publication is proven

To show compliance, parties usually keep:

Publisher’s Affidavit of Publication (executed by the newspaper/publisher), and
Copies or clippings of the published notices showing the dates, and
Proof of payment/contract with the newspaper (often useful for records).

These are commonly required by government offices (especially when transferring titles) or by cautious buyers, banks, and notaries during due diligence.

7) Consequences of failing to publish (and why it matters)

Failure to publish does not always mean the deed is “worthless” between the heirs, but it can create serious vulnerabilities.

A. Exposure to claims and challenges

Creditors or omitted heirs may assert claims and challenge the settlement.
Third parties may argue they were not properly put on notice.

B. The “two-year” protective period under Rule 74

Rule 74 is associated with a two (2) year period during which the extrajudicial settlement remains vulnerable to claims by persons prejudiced by it. Publication is closely linked to the idea of constructive notice and fairness. If the process is defective, disputes become more likely and more dangerous—especially when property has already been sold to outsiders.

C. Practical problems: transfer and marketability

Even if a Register of Deeds processes a transfer, lack of publication can:

Make titles harder to sell (buyers’ lawyers will flag it)
Complicate bank loans (banks require clean “paper trail”)
Increase risk of later annotation, litigation, or rescission

8) Special situations where publication becomes even more important

A. Minors, incapacitated heirs, or representation issues

Extrajudicial settlement with minors raises heightened scrutiny. Even where allowed with representation, publication and protective measures are important because minors’ rights are strongly protected.

B. Omitted heirs (common scenario)

If an heir was excluded—intentionally or by mistake—publication is not a cure-all, but it strengthens the argument that notice mechanisms were honored. Omitted heirs remain a major risk, particularly where later sales occur.

C. Sale to third persons after extrajudicial settlement

If heirs sell estate property to non-heirs soon after the settlement, any defect (including publication defects) becomes more consequential. Buyers generally insist on:

publication proof,
tax compliance,
clear heirship documentation,
and sometimes extra affidavits/undertakings.

9) Mechanics and timing: a practical workflow

A typical compliant sequence is:

Prepare and sign the EJS / Self-Adjudication (properly notarized).
Arrange newspaper publication once a week for 3 consecutive weeks.
Secure the Affidavit of Publication and copies/clippings.
Proceed with tax requirements and title transfer steps (often requiring publication proof in the documentation set).

Tip: Publication is not something to “do later if needed.” It is best treated as a standard, early compliance item because it affects the safety of later transfers.

10) Frequently asked questions

“We signed abroad. Do we still need publication?”

Yes. The estate properties and succession effects are in the Philippines; publication is a protective requirement tied to the extrajudicial settlement’s legal effect on interested persons.

“Do we publish in Manila because that’s where we notarized it?”

Not necessarily. Publication should track where the estate is situated (commonly the province linked to the decedent’s domicile and/or where the real property is located), not the notarial venue.

“What if the estate has properties in different provinces?”

The safest approach is publication that reasonably reaches interested parties where the estate has substantial presence—often where the decedent last resided and/or where major real properties are located. When in doubt, more notice is safer than less.

“Is publication required for self-adjudication?”

Self-adjudication is still an extrajudicial mode affecting rights of potential claimants. Publication is commonly treated as part of the same protective framework, and many due diligence checklists expect it.

11) Compliance checklist

✅ Confirm extrajudicial settlement is legally allowable (no will being enforced; heirs qualified; no unpaid debts or proper provision).
✅ Identify the best “publication location” based on estate situs (domicile/property location), not signing location.
✅ Publish once a week for 3 consecutive weeks in a newspaper of general circulation.
✅ Obtain Affidavit of Publication + complete newspaper issues/clippings.
✅ Keep all originals for title transfer, future sale, and dispute protection.

If you want, I can also provide a sample Notice of Extrajudicial Settlement template (fillable text) and a location decision guide (a simple flowchart-style set of rules) you can adapt to your facts.