The Affidavit For Collection Of Personal Property is a crucial legal instrument in Philippine law that facilitates the transfer of personal property following a person's death, particularly in cases where the estate's value falls within specified limits under Rule 74, Section 1 of the Rules of Court. This document is typically used when formal probate proceedings are not necessary or would be disproportionately expensive compared to the estate's value. It must include specific declarations about the deceased's property, outstanding debts, tax obligations, and the affiant's legal right to collect the property. The affidavit serves as both a legal claim to the property and a sworn statement accepting responsibility for its proper distribution, making it particularly important in the Philippine legal system where extrajudicial settlement of small estates is encouraged to reduce court congestion and expedite property transfers.
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1. Title and Venue: Specifies the document type and jurisdiction where the affidavit is being executed
2. Affiant Information: Full legal name, address, and citizenship of the person making the affidavit
3. Decedent Information: Details about the deceased person including full name, date of death, and last place of residence
4. Relationship Declaration: Statement of the affiant's relationship to the deceased and basis for right to collect property
5. Property Description: Detailed description of the personal property to be collected, including location and estimated value
6. Legal Basis: Citation of legal authority (Rule 74, Section 1 of the Rules of Court) allowing collection via affidavit
7. Heir Declaration: Statement that the affiant is the sole heir or has authority to act on behalf of all heirs
8. No Debt Declaration: Statement that the deceased left no debts, or if any, they have been paid
9. Tax Declaration: Statement regarding payment or exemption from estate taxes
10. Undertaking: Affiant's commitment to distribute the property according to law and assumption of liability
11. Verification and Oath: formal oath stating the truthfulness of the contents
1. Co-Heir Authorization: Required when there are multiple heirs and they have authorized the affiant to collect on their behalf
2. Waiver of Rights: Include when other legal heirs are waiving their rights in favor of the affiant
3. Surviving Spouse Declaration: Required when the affiant is a surviving spouse claiming conjugal property
4. Minor Heirs Declaration: Required when there are minor heirs involved, including guardianship details
5. Foreign Property Declaration: Required when the personal property is located outside the Philippines
1. Inventory of Personal Property: Detailed list of all personal property being claimed with descriptions and values
2. Death Certificate: Certified true copy of the deceased's death certificate
3. Proof of Relationship: Birth certificates, marriage certificates, or other documents proving relationship to deceased
4. Estate Tax Clearance: Documentation from BIR regarding estate tax payment or exemption
5. Heir Authorizations: Written authorizations from co-heirs if applicable
6. Government IDs: Copies of valid government IDs of the affiant and deceased
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