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Affidavit Of Successor for Philippines

Affidavit Of Successor Template for Philippines

An Affidavit of Successor is a formal sworn statement used in the Philippines to establish an individual's legal right to inherit or succeed to the property of a deceased person. This document, governed by Philippine civil law and succession laws, serves as a legal instrument for claiming inheritance rights and facilitating the transfer of assets from the deceased to their rightful heirs. It must be executed in accordance with Philippine notarial law and includes detailed information about the affiant, the deceased, their relationship, and the relevant properties or assets being claimed.

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Affidavit Of Successor

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What is a Affidavit Of Successor?

The Affidavit of Successor is a fundamental document in Philippine succession law, used when an heir needs to formally establish their right to inherit property from a deceased person. This sworn statement is particularly important in cases where formal probate proceedings may not be necessary or where a simplified process for property transfer is appropriate. The document must comply with the Civil Code of the Philippines and related succession laws, requiring proper notarization and specific content elements. An Affidavit of Successor typically includes detailed information about the affiant's relationship to the deceased, descriptions of relevant properties, declarations about other potential heirs, and statements regarding estate tax compliance. It serves as a legal basis for transferring assets and settling estates, especially in cases involving smaller estates or straightforward succession scenarios.

What sections should be included in a Affidavit Of Successor?

1. Title and Jurisdiction: States the document type and the jurisdiction where it's being executed

2. Affiant Information: Full legal name, address, and other identifying information of the person making the affidavit

3. Decedent Information: Details about the deceased person including full name, date of death, and last known address

4. Relationship Declaration: Clear statement of the relationship between the affiant and the deceased

5. Legal Basis for Succession: Statement establishing the affiant's right to inherit under Philippine law

6. Estate Description: Brief description of the relevant estate properties or assets being claimed

7. Other Heirs Declaration: Statement regarding the existence or absence of other legal heirs

8. Tax Compliance Statement: Declaration regarding estate tax obligations and compliance

9. Verification and Oath: Formal statement verifying the truth of the contents and oath before a notary public

What sections are optional to include in a Affidavit Of Successor?

1. Waiver of Rights by Other Heirs: Include when there are other legal heirs who have waived their rights in favor of the affiant

2. Death Certificate Reference: Include when specifically referencing the death certificate details

3. Prior Will Declaration: Include when stating the existence or absence of a last will and testament

4. Property Transfer History: Include when there's relevant history about how the deceased acquired the property

5. Powers and Authorities: Include when specific powers are being claimed to manage or dispose of property

What schedules should be included in a Affidavit Of Successor?

1. List of Properties: Detailed inventory of all properties being claimed, including descriptions and estimated values

2. Supporting Documents: List of attached documents such as death certificate, proof of relationship, tax clearances

3. Waivers and Consents: Copies of any waivers or consent documents from other potential heirs

4. Family Tree: Diagram showing relationship of affiant to deceased and other relevant family members

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions
























Clauses




















Relevant Industries

Legal Services

Real Estate

Banking and Financial Services

Insurance

Property Management

Public Administration

Notarial Services

Estate Management

Asset Management

Professional Services

Relevant Teams

Legal

Estate Administration

Property Management

Wealth Management

Succession Planning

Trust Services

Risk Management

Compliance

Document Management

Client Services

Relevant Roles

Legal Counsel

Estate Manager

Property Administrator

Bank Manager

Probate Lawyer

Notary Public

Financial Advisor

Real Estate Manager

Succession Planning Specialist

Trust Officer

Wealth Manager

Legal Administrator

Property Rights Specialist

Estate Planning Attorney

Asset Manager

Industries






Teams

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