An Affidavit of Descent is a vital legal instrument in Philippine inheritance law, typically used when a person dies without leaving a will or when there's a need to formally establish the legal heirs' rights to succession. This document is particularly relevant in cases where the deceased's estate falls below the threshold requiring formal estate proceedings, as provided under Rule 74 of the Rules of Court of the Philippines. The affidavit must comprehensively detail the deceased's family relationships, identify all legal heirs, and describe any properties subject to inheritance. It serves as a key document for various purposes, including transferring property titles, claiming insurance benefits, or accessing bank accounts of the deceased. The document must be executed in compliance with Philippine civil law requirements, including proper notarization and supporting documentation from relevant government agencies.
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1. Title and Jurisdiction Statement: States that this is an Affidavit of Descent and the legal jurisdiction (Philippines)
2. Affiant Information: Full details of the person making the affidavit, including their relationship to the deceased
3. Deceased Person's Information: Complete details of the deceased person, including date and place of death
4. Statement of Authority: Affiant's declaration of authority to make statements about the deceased's family and property
5. Family Tree Declaration: Detailed outline of the deceased's family relationships, including spouse(s), children, and other legal heirs
6. Property Description: List and description of the deceased's properties subject to inheritance
7. Declaration of Heirs: Identification of all legal heirs and their respective shares according to Philippine law
8. Verification and Oath: Sworn statement confirming the truth of all declarations
9. Notarial Section: Space for notary public's acknowledgment and certification
1. Multiple Marriage Declaration: Required when the deceased had more than one marriage, detailing each marriage and resulting heirs
2. Adoption Declaration: Required when there are adopted children among the heirs, including adoption details and legal documentation
3. Waiver of Rights: Used when certain heirs are waiving their rights to inheritance
4. Foreign Property Declaration: Required when the deceased owned properties outside the Philippines
5. Disinheritance Statement: Required when certain legal heirs have been disinherited, stating legal grounds
6. Tax Compliance Statement: Declaration regarding estate tax compliance, if applicable
1. Schedule A - Death Certificate: Certified true copy of the deceased's death certificate
2. Schedule B - Birth Certificates: Copies of birth certificates of all heirs showing relationship to deceased
3. Schedule C - Marriage Certificate(s): Copy of marriage certificate(s) of the deceased
4. Schedule D - Property Documents: Copies of titles, deeds, and other property ownership documents
5. Schedule E - Valid IDs: Photocopies of valid government IDs of the affiant and witnesses
6. Schedule F - Tax Clearance: Estate tax clearance or proof of tax payment if applicable
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