Ejs

 🏠 HOW TO SELL A PROPERTY WHEN THE OWNER IS ALREADY DECEASED — WHAT YOU MUST DO FIRST

Because selling without the right process is illegal, risky, and impossible to transfer.

Many Filipino families want to sell a property that belonged to their parents or grandparents.

But when they check the title…

It’s still under:

Lolo, Lola, Mama, Papa — who already passed away.

And that’s when the harsh truth hits:

👉 A property CANNOT be sold if the owner on the title is already deceased.

👉 A buyer cannot get the title.

👉 Banks will not approve a loan.

👉 The Deeds office will refuse to transfer.

Before any sale, these legal steps MUST be done first.

1️⃣ SETTLE THE ESTATE TAX FIRST

This is the non-negotiable step.

The BIR requires:

• Notice of death

• Estate tax return

• Tax computation

• Payment of estate tax (or proof of exemption)

Only after this will BIR issue the Authority to Register (ATR) —

the document REQUIRED before any buyer can transfer the title.

Without ATR = no sale, no transfer.

2️⃣ PREPARE THE EXTRAJUDICIAL SETTLEMENT (EJS)

All heirs must sign a notarized EJS stating:

• Who the heirs are

• Agreement between heirs

• How the property will be sold or divided

If one heir refuses, the property cannot be sold.

If an heir is abroad → you need a Consularized SPA.

If an heir is minor → you need court approval.

The EJS is the foundation of the entire sale.

3️⃣ TRANSFER THE TITLE TO THE HEIRS FIRST (OR DIRECTLY TO THE BUYER)

After paying estate tax and notarizing the EJS, heirs can choose:

Option A: Transfer title first to the heirs

Then heirs sell to buyer.

OR

Option B: Directly transfer from deceased owner → buyer

This saves time if all documents are complete.

Both options require:

• BIR Certificate Authorizing Registration (CAR)

• Authority to Register (ATR)

• Transfer documents

• Updated tax declaration

Only then can the Registry of Deeds issue a new title.

4️⃣ COMPLETE ALL REQUIRED DOCUMENTS

Here’s what buyers, lawyers, and the Registry will look for:

✔ Death Certificate

✔ Birth & Marriage Certificates of heirs

✔ IDs of all heirs

✔ Updated tax declaration

✔ Real property tax clearance

✔ Notarized EJS

✔ SPA if an heir is abroad

✔ Certified true copy of title

✔ BIR estate tax papers

Any missing item = delay or cancellation of sale.

5️⃣ AGREE AMONG HEIRS ON THE TERMS OF SALE

Before offering the property to buyers, heirs must agree on:

• Selling price

• Distribution of proceeds

• Who will handle paperwork

• Who pays for expenses

• Who deals with agents

Family conflict is the #1 reason sales collapse.

💡 SO WHY DO MOST PROPERTIES FAIL TO SELL?

Because families skip the basics:

❌ Estate tax not paid

❌ No EJS

❌ Title still under a deceased owner

❌ Heirs abroad cannot sign

❌ Family disagreements

❌ Missing documents

❌ Property is “dead capital”

The good news?

Every single one of these problems is fixable with the right guidance.

📞 Need help preparing EJS, settling estate tax, or selling inherited property?

Samuel O. Lao & Associates – REBL 1368

📲 0917 323 6123 (Call | Viber | WhatsApp)

Helping families unlock property and sell legally, smoothly, and safely.

#EstateSettlementPH #SellInheritedProperty #TitleTransferPH #CebuRealEstate

#RealEstatePH #HeirsGuidePH #EstateTaxPH #UnfreezeProperty #LetsTalkBusiness

⚠️ DISCLAIMER:

This post is for educational and general informational purposes only. It does not constitute legal, tax, or financial advice. Please consult licensed professionals and appropriate government agencies for official guidance.

📜 WHY TITLES ARE STILL UNDER LOLO OR LOLA’S NAME — AND WHY THIS IS A BIG PROBLEM

The painful truth behind why Filipino families struggle for generations

Across the Philippines, millions of land titles are still under the names of people who passed away 10, 20, even 40 years ago.

Families keep saying:

“Unya na lang…”

“We’ll settle it soon…”

“Wala pa’y budget…”

“Maglisod ta ug kumpleto sa papers…”

But time passes.

Heirs grow older.

Documents get lost.

Some heirs move abroad.

And suddenly… a simple transfer becomes a multi-generational problem.

Here’s the truth behind why this happens — and why it MUST be fixed now.

1️⃣ FILIPINOS AVOID THE PROCESS BECAUSE IT LOOKS HARD AND EXPENSIVE

Estate settlement can feel intimidating:

• BIR forms

• Penalties

• Notary requirements

• Birth/marriage certificates

• Multiple signatures

• Title issues

So families postpone it — sometimes for decades.

But delay makes the cost WORSE, not better.

2️⃣ HEIRS DON’T KNOW WHERE ALL THE DOCUMENTS ARE

Birth certificates, tax decs, old titles…

Many are missing, lost, water-damaged, or thrown away.

Without these basics, estate processing becomes a long chase for papers.

3️⃣ MULTIPLE HEIRS = MULTIPLE OPINIONS

Common reasons for delay:

• One heir refuses to sign

• One wants to sell

• One wants to keep

• One is abroad

• One demands a bigger share

A single heir can delay the entire process.

4️⃣ DELAY CREATES “MULTI-LEVEL ESTATES”

If the original owner dies… and then an heir ALSO dies…

Two estates must be settled.

If more heirs die → three estates must be settled.

This is the nightmare scenario — and very common in the Philippines.

This turns a simple transfer into a multi-generational legal puzzle.

5️⃣ FAMILIES WAIT UNTIL SOMEONE DESPERATELY NEEDS THE PROPERTY

Suddenly, someone wants to:

• Sell the land

• Borrow against it

• Build on it

• Subdivide it

• Use it as collateral

But the title is still under Lolo or Lola…

So the opportunity is lost.

Millions in potential income disappear because the property is legally frozen.

💥 WHY THIS IS A BIG PROBLEM

A title under a deceased owner CANNOT be:

❌ Sold

❌ Transferred

❌ Loaned against

❌ Subdivided

❌ Developed

❌ Used for business

❌ Used as collateral

This is called DEAD CAPITAL —

valuable land that no one can legally use.

This is why so many Filipino families stay stuck financially despite owning land.

✨ THE GOOD NEWS:

This problem can be solved.

And the earlier it is addressed, the easier and cheaper it becomes.

Estate settlement done correctly can take weeks,

not years — if guided by professionals.

📞 Need help fixing titles, completing documents, or settling estates?

Samuel O. Lao & Associates – REBL 1368

📲 0917 323 6123 (Call | Viber | WhatsApp)

Helping families unlock their property and protect their legacy.

#EstateSettlementPH #TitleTransferPH #DeadCapitalPH #ProtectFilipinoFamilies

#RealEstatePH #CebuRealEstate #EstateTaxPH #HeirsGuidePH

#LetsTalkBusiness

⚠️ DISCLAIMER:

This post is for educational and general informational purposes only. It is not legal, tax, or financial advice. Please consult licensed professionals and government agencies for official guidance.