NOT EVERY INHERITED PROPERTY NEEDS AN EJS

Most people know that when someone passes away and leaves a property to several heirs, the estate can be settled through an Extra-Judicial Settlement of Estate (EJS). This allows the heirs to divide and transfer the property without going through a lengthy court proceeding.

But what if the deceased left only one heir? This is where many people get confused.

Since there's no one else to divide or partition the estate with, there's no need for an Extra-Judicial Settlement. Instead, the sole heir executes an Affidavit of Self-Adjudication—a sworn statement declaring that he or she is the only heir and is adjudicating the entire estate to himself or herself.

This distinction becomes important when the property is eventually sold.

If the seller inherited the property as the sole heir, the supporting document is not an Extra-Judicial Settlement. The seller's ownership is based on an Affidavit of Self-Adjudication. When the property is sold, the parties execute a Deed of Absolute Sale, together with the Affidavit of Self-Adjudication that establishes the seller's ownership.

Using the correct document ensures the transfer complies with Philippine law and avoids unnecessary issues during the transaction.