Dividing inherited property requires strict compliance with government agencies.
An Extrajudicial Settlement (EJS) with Partition streamlines the entire process. Legal heirs can partition land and transfer ownership outside of court.
Follow this straightforward walkthrough to secure your family’s individual titles today.
Step 1: Hire a Geodetic Engineer for a Subdivision Plan
First, you cannot divide land without an official survey. You must hire a licensed Geodetic Engineer to map the land.
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Conduct the Survey: The engineer measures the property boundaries on site.
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Draft the Plan: The engineer creates a formal Subdivision Plan.
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Secure Government Approval: Submit the plan to the DENR or LRA for official approval.
Step 2: Prepare the Essential Legal Documents
Next, all legal heirs must formally agree on the division. You must gather and notarize key documents before paying taxes.
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Draft the EJS with Partition: Create an Extrajudicial Settlement of Estate with Deed of Partition. A licensed notary public must notarize this contract.
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Publish the Notice: Publish the agreement in a newspaper for three consecutive weeks.
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Gather Personal Papers: Collect the owner’s death certificate and birth certificates of all heirs.
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Locate Property Titles: Secure the original owner’s copy of the title and latest tax declarations.
Step 3: Pay BIR Estate Taxes and Get the eCAR
Then, you must settle all tax liabilities with the national government. The BIR clears the property for transfer.
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File the Estate Tax Return: Submit your documents to the correct Bureau of Internal Revenue (BIR) office.
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Settle the Tax Amount: Pay the calculated estate tax and any penalties through an authorized bank.
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Secure the eCAR: Obtain your Electronic Certificate Authorizing Registration (eCAR) from the BIR.
Step 4: Pay Local Transfer Taxes at the LGU
After clearing national taxes, handle your local government obligations. Local taxes are separate from BIR taxes.
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Visit the City Treasurer: Bring your BIR documents to the Treasurer’s Office of your municipality.
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Pay the Transfer Tax: Settle the local transfer tax based on the property’s zonal value.
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Collect the Clearance: Obtain the local tax clearance certificate and official receipts.
Step 5: Register and Issue Individual Titles at the Registry of Deeds
Finally, submit all approved plans and tax clearances to the Registry of Deeds (RD). This office issues the new individual titles.
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Submit Your Package: Present the approved Subdivision Plan, notarized EJS, BIR eCAR, and receipts to the RD.
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Pay Registration Fees: Settle the required entry and registration fees at the cashier.
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Receive Individual Titles: The RD cancels the original title and issues separate titles to each heir.
Have Questions About Your Inherited Land?
Are you currently navigating an inheritance or planning to divide family land? Drop a comment below with your questions or experiences. We love hearing from our readers and clearing up property confusion!
Simplify Your Property Subdivision Process
Subdividing land through an Extrajudicial Settlement (EJS) involves technical surveys and strict legal rules. Because this is a rigorous process, working with a professional saves time and prevents costly delays.
Provdia is your go-to guide for title transfers, land subdivisions, and property documentation. Contact our team today to ensure a smooth, stress-free transfer for your family.