If you are a U.S.-based heir — whether a U.S. citizen or a dual Filipino-American (or an heir-to-be) — of real property in the Philippines, and the registered owner (your parents, siblings, or children) has passed away, it is important to understand the general process of estate administration.
For Filipino-Americans or U.S.-based heirs, the process involves additional cross-border considerations, such as jurisdictional issues, document authentication, and coordination between Philippine and U.S. authorities.
This blog will walk you through:
• The Philippine inheritance and land title transfer process when the owner is deceased;
• The key legal framework and instruments involved; and
• How Filipino-American lawyers can assist you in completing the process smoothly and lawfully.

Who Are Considered Heirs?

Under Philippine law, when a Filipino passes away, their estate — including real property — is distributed according to the Civil Code of the Philippines:
• Testate succession applies if the deceased left a valid will.
• Intestate succession applies if there is no will.
• If the deceased was a Filipino citizen or dual citizen, Philippine inheritance law governs the estate distribution.
• Philippine land title and estate tax laws still apply to all properties registered in the Philippines.

Why the Title Does Not Automatically Transfer

A common misconception is that heirs automatically become owners upon the death of the registered owner. In reality, the deceased remains the legal owner until the proper estate proceedings are completed.

Failure to legally transfer the title means the property — whether land, agricultural, residential, or condominium — remains under the deceased’s name. This can lead to complications in:
• The future sale or mortgage of the property;
• Subdivision or development approvals; and
• Tax compliance and estate settlement.

Key Legal Instruments for Title Transfer

1. Extrajudicial Settlement of Estate (EJS) – Used when there is no will and all heirs agree to the partition of the inheritance and notarized the EJS.
2. Affidavit of Self-Adjudication – Used when there is only one heir entitled to the property.
3. Judicial Settlement or Probate – A court proceeding required when there is a will, when heirs disagree, or when a minor is involved. This process is more complex and typically takes longer, as it goes through judicial channels.

The Importance of Legal Guidance

If you find yourself needing assistance in transferring inherited land or property in the Philippines, professional legal guidance is essential. It is a complex process that involves navigating multiple agencies — such as the Bureau of Internal Revenue (BIR), the Registry of Deeds, and local government offices — while ensuring compliance with both Philippine and U.S. legal requirements.
A skilled Filipino-American attorney who understands cross-border estate and property laws can help you.

If you need help with your inherited property or land title transfer, contact Fil-Am Lawyers today. Team of experienced Filipino-American attorneys specializes in estate planning, probate, and property law, bridging the gap between U.S.-based heirs and Philippine legal systems.
📞 Call (323) 345-2652 to schedule your confidential consultation