An Estate Affidavit serves as a crucial legal instrument in Philippine succession law, particularly when a deceased person leaves behind only one heir. This document, formally known as an Affidavit of Self-Adjudication, is authorized under Rule 74, Section 1 of the Rules of Court of the Philippines, providing an expedited alternative to judicial estate proceedings. The affidavit must detail the deceased's estate, establish the affiant's sole heir status, and include specific declarations about estate properties. It requires publication in a newspaper of general circulation for three consecutive weeks and must be properly notarized. The document is particularly useful for straightforward estate settlements where there are no competing claims to the inheritance, though it carries significant legal responsibilities for the affiant regarding potential claims from other heirs and estate tax obligations.
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1. Title and Jurisdiction: Specifies the document type and the jurisdiction (specific city/municipality in the Philippines)
2. Affiant Information: Complete details of the person executing the affidavit, including legal capacity and relationship to the deceased
3. Deceased Person Information: Full details of the deceased person, including date and place of death, last residence
4. Statement of Sole Heirship: Declaration that the affiant is the sole heir of the deceased, with explanation of the basis for this claim
5. Estate Description: Detailed enumeration and description of all properties (both real and personal) left by the deceased
6. Publication Statement: Statement of commitment to publish the affidavit in a newspaper of general circulation
7. Verification and Oath: Formal verification of the truthfulness of the contents and oath before a notary public
1. Waiver of Rights by Other Potential Heirs: Include when there are other potential heirs who are waiving their rights in favor of the affiant
2. Estate Tax Declaration: Include when there is a need to specifically address estate tax matters or declare payment/exemption
3. Foreign Law Compliance: Include when the deceased or any properties are subject to foreign jurisdiction
4. Power of Attorney: Include when the affiant is acting through an attorney-in-fact
1. Schedule A - Real Property Inventory: Detailed list and description of all real properties, including location, title numbers, and current market values
2. Schedule B - Personal Property Inventory: Detailed list of personal properties, including bank accounts, vehicles, investments, and other valuable items
3. Schedule C - Supporting Documents: List of attached supporting documents such as death certificate, tax declarations, and property titles
4. Schedule D - Publication Evidence: Proof of publication in a newspaper of general circulation as required by law
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