Establish the family and document history

Obtain the available death, marriage, and birth records relevant to the family relationships. Tell the lawyer about prior marriages, children, deceased relatives, adoption records, or other circumstances that may affect heirship. Locate any will and keep the original secure. Record where the deceased lived and where assets are located. If some family members are abroad or documents were issued overseas, explain that early so authentication, representation, and communication questions can be considered alongside the substantive estate issues.

List assets and obligations separately

Prepare an inventory of land, buildings, accounts, business interests, vehicles, and other significant assets. Add loans, taxes, and known claims against the estate. Identify how each asset is owned, because not everything associated with the deceased necessarily falls into the estate in the same way. For property in Negros Oriental, gather title details and tax records. Keep receipts for expenses paid after the death, while asking counsel how those expenses should be recorded and addressed.

Check whether an out-of-court route is available

An extrajudicial settlement is not appropriate merely because relatives prefer to avoid court. Rule 74 sets conditions, including circumstances concerning a will, debts, and the participation or proper representation of heirs. Other procedural and registration requirements also need attention. A lawyer should assess whether the conditions are met and whether a judicial proceeding is needed. Do not sign a template declaring that there are no other heirs or debts unless the facts have been properly established.

Understand the proposed distribution

Ask how the heirs and their respective interests have been identified, and read the proposed arrangement in full. A waiver, sale of hereditary rights, or settlement combined with a property sale may have consequences beyond acknowledging a family relationship. Tell counsel about a disagreement, an absent heir, or a minor. Use language everyone signing understands. One person's management of the property or payment of expenses does not, by itself, answer every question about ownership or the proper distribution.

Plan the tax and registration work

Estate administration may involve tax filings, supporting certificates, and registration steps in addition to the agreement between relatives. Ask the lawyer and an appropriate tax professional which requirements, deadlines, and current rules apply. Avoid relying on an old amnesty announcement or a document checklist from a different transaction. Assign responsibility for obtaining records and track submissions and receipts. Keep copies of the final instruments and updated records, so future buyers or family members can follow the chain of transactions.

Before your consultation

Keep these together

  • Death and relationship records, plus any will
  • An inventory of assets, debts, and title details
  • A list of all potentially relevant heirs
  • Questions about settlement, tax, and registration steps

References: Rules of Court, Rule 74; Supreme Court, Heirs of Bandoy v. Bandoy, G.R. No. 255258; Land Registration Authority certified-copy information. Checked September 29, 2026.