The Affidavit of Inheritance is a fundamental document in Philippine succession law, commonly used when settling estates without going through full court proceedings. This document is particularly relevant when the estate's value falls within statutory limits for extra-judicial settlement or when heirs unanimously agree on the distribution of properties. The affidavit must conform to Philippine legal requirements, including proper notarization and compliance with tax regulations. It typically contains detailed information about the deceased, the heir(s), and the properties being inherited, serving as a formal declaration of hereditary rights. This document is essential for transferring property titles, settling estate taxes, and establishing clear ownership of inherited assets in the Philippine jurisdiction.
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1. Title and Jurisdiction: States the document type and the jurisdiction where it is being executed
2. Affiant Information: Full legal name, age, citizenship, and residence address of the person making the affidavit
3. Deceased Person's Information: Details about the deceased including full name, date of death, last residence, and citizenship
4. Relationship Declaration: Statement explaining the relationship between the affiant and the deceased
5. Legal Basis of Inheritance: Declaration of legal right to inherit (whether through intestate succession or will)
6. Property Description: Detailed description of all properties being inherited, including real estate, personal property, and financial assets
7. Heir Declaration: Statement confirming the affiant's status as heir and listing all other known legal heirs
8. Tax Declaration: Statement regarding estate tax compliance or exemption
9. Verification and Oath: Formal statement verifying the truthfulness of the contents under oath
10. Notarial Section: Space for notary public's acknowledgment and certification
1. Waiver of Rights: Used when other heirs are waiving their rights in favor of the affiant
2. Co-heir Agreement: Required when multiple heirs agree to a specific distribution of properties
3. Special Power of Attorney: Needed if the affiant is acting on behalf of other heirs
4. Surviving Spouse Declaration: Required when there is a surviving spouse and community property is involved
5. Business Interest Declaration: Needed when inherited properties include business interests or shares
6. Foreign Property Declaration: Required when the inheritance includes properties located outside the Philippines
1. Death Certificate: Certified true copy of the deceased person's death certificate
2. Birth Certificates: Copies of birth certificates proving relationship to the deceased
3. Marriage Certificate: If applicable, proving marital relationship to the deceased
4. Property Documents: Titles, deeds, and other proof of ownership of declared properties
5. Tax Clearance: Estate tax clearance from the Bureau of Internal Revenue
6. Valid IDs: Photocopies of valid government IDs of the affiant and other heirs
7. Will or Testament: If applicable, copy of the last will and testament of the deceased
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