Inheriting Real Estate in the Philippines

Inheritance Law of the Philippines
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Death is an inevitable part of life that can occur at any age. Regardless of one's health condition, we cannot avoid the natural cycle of life. When it happens to a loved one or a family member, you will go through emotional distress and legal matters, such as inheriting real estate property. In the Philippines, an inheritance law ensures proper distribution to legal heirs, facilitating the property's transfer of ownership.

In this article, we will discuss the inheritance law in the Philippines to help you understand how real estate properties are inherited and distributed.

Inheritance Law in the Philippines

The Civil and Family Code enclosed the legislative framework for cases wherein the property owner has passed away in the Philippines. It contains the foundation applicable for handling the deceased testamentary wishes. Alloting the deceased real estate property should also be based on the inheritance law in the Philippines. In addition, there are various ways to inherit the deceased property, including:

1. Intestate Succession

Inheriting real estate through intestate succession applies when the distribution of assets happens without a legal will. If the property owner dies without making a will, the assets are distributed to surviving heirs, determined by legal relationships. In this scenario, the deceased surviving spouse and children are prioritized.


Following are close relatives of the deceased, including the parents and siblings. Then, illegitimate children and common-law spouses. However, the state may claim the deceased assets if the deceased has no surviving relatives.

2. Testate Succession

Testate succession is a legal process wherein the deceased assets are distributed based on a valid will. Contrary to intestate succession, this process ensures the proper distribution of the deceased assets and property as specified in the testator’s will. The testator refers to the person leaving the will.


By creating a valid will, the testator can control the distribution of their assets and property. The property distribution is executed based on the valid will after the testator's demise.

3. Compulsory/Forced Heirship

Compulsory/forced heirship is a legal condition dictating that a portion of the deceased assets are distributed to protected or compulsory heirs, specifically the surviving children, spouse, and other relatives. It is a mandatory distribution of the deceased real estate property and assets, regardless of the terms of the will.

4. Donations & Gifts

According to Article 725 of the Civil Code of the Philippines, a donation is “an act of liberty whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it.” In short, donations and gifts can influence the distribution of the deceased real estate and assets. If the owner donated his property, it is considered a legal transfer of ownership, which took effect when the donor was still alive.

5. Probate Proceedings

This process refers to a legally supervised proceeding wherein the will is authenticated and acknowledged by the court as the deceased true last testament. Under probate proceedings, the court designates an executor as specified in the will. The executor is legally authorized to represent and act in place of the deceased. Also, the deceased assets may be distributed based on the will’s stipulations or intestate succession.

6. Extra-Judicial Settlement of Estate (EJS)

In the Philippines, the Extra-Judicial Settlement of Estate (EJS) refers to the legal process enabling the division and distribution of deceased real estate without a will. It allows legal heirs to handle the asset distribution without requiring court intervention. However, EJS is only applicable if all parties agree with the distribution.

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