INHERITED PROPERTY · DOCUMENTS & CHECKLIST
Getting an Inherited Property Ready for Sale: Documents and Checklist

← Back to the main guide: Selling inherited property
Use this as a working preparation record
Mark Known, Unknown or Not Applicable in your private copy. Record evidence held, the person to confirm and the next action. Unknown means investigate; Not Applicable needs confirmation where the reason matters. This is not a legal eligibility test. Do not put sensitive identity or tax records in a public inquiry. Print a copy for private annotation; this page does not collect or save entries.
Tax and eCAR: record status, not assumptions
Ask a tax practitioner which date-of-death regime applies before estimating tax. Keep estate-tax liability, penalties/interest, eCAR (electronic Certificate Authorizing Registration), historical professional registration and any evidenced filing/cessation/update/open-case issue separate. Do not assume a practice-related issue applies to every estate. Estate-tax law · BIR guidance
RMC 75-2026 distinguishes tax filing/payment from eCAR, office jurisdiction and complete submissions; gathering records is not the published processing period. RMO 17-2026 distinguishes estate and sale/donation workflows: a combined instrument does not remove estate requirements. BIR guidance · ONETT guidance
The RA 11956 amnesty-availment period is historical. Later settlement proof for eCAR under a qualifying prior application is not a new application or reopened amnesty. Verify returns, payments and correspondence. Historical amnesty law · BIR clarification
Coordinate authority, originals and buyer requirements
Record settlement progress, publication evidence, court orders, title/owner’s duplicate, annotations, possession and current local tax records. An EJS or court order does not prove that all tax and registration work is complete. Review settlement and sale-authority questions.
Civil Code Articles 1874 and 1878 require written/special authority for the relevant real-property acts; general authorization is not automatically sufficient. Confirm the actual SPA wording, identity, relevant citizenship history and substantive eligibility separately. Foreign notarization, apostille or consular routes vary; a passport checklist does not decide landholding eligibility. Confirm originals and acceptance with the relevant BIR/RD, lender and overseas authority before execution. Civil Code · DFA guidance · Constitution
The complete 27-row checklist
01 Registered owner(s) and whether each is alive
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Owner/heirs; RD
- Next Action
- Compare title and family records
02 Death dates, certificates and earlier deaths
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Heirs; civil registry
- Next Action
- Build the chronology
03 Will or known probate proceedings
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Heirs; lawyer
- Next Action
- Establish the appropriate route
04 Surviving spouse and marriage/acquisition history
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Heirs; lawyer
- Next Action
- Collect relationship/acquisition records
05 Applicable marital/property regime
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Lawyer
- Next Action
- Establish estate versus other interests
06 All potential heirs, including prior relationships
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Heirs; lawyer
- Next Action
- Complete the family map
07 Deceased heirs and successive estates
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Lawyer; tax practitioner
- Next Action
- Trace death sequence and interests
08 Minors or participants needing representation
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Lawyer
- Next Action
- Confirm authority and required orders
09 Heirs living abroad
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Heirs; lawyer
- Next Action
- Plan signing and document coordination
10 Changed citizenship, identity or name discrepancies
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Heirs; lawyer; accepting office
- Next Action
- Separate identity and eligibility checks
11 Agreement to sell and marketing authority
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Heirs; broker; lawyer
- Next Action
- Record scope and unresolved consent
12 SPA needs and authority to act
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Lawyer; signing heir
- Next Action
- Review wording before execution
13 EJS/self-adjudication/judicial settlement status
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Lawyer
- Next Action
- Obtain and review existing instruments
14 Publication evidence
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Lawyer; publisher; RD
- Next Action
- Confirm applicable requirement and proof
15 Estate-tax filing and payment status
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Tax practitioner; RDO
- Next Action
- Review applicable regime and records
16 eCAR status and supporting documents
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Tax practitioner; RDO
- Next Action
- Confirm current documentary requirements
17 Outstanding BIR questions or correspondence
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Tax practitioner; RDO
- Next Action
- Identify each unresolved issue
18 Historical BIR registration linked to real estate practice
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Tax practitioner; RDO
- Next Action
- Verify any practice-related compliance issue
19 Rule 74 annotation and possible claims
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Lawyer; RD
- Next Action
- Review title and settlement history
20 Any bond/surety/security request
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Requester; lawyer; provider
- Next Action
- Confirm written basis and terms
21 Title status and owner's duplicate
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Heirs; lawyer; RD
- Next Action
- Resolve missing/inconsistent records
22 Real property tax status
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Owner/heirs; local treasurer
- Next Action
- Obtain current assessment/clearance details
23 Liens and other encumbrances
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Lawyer; RD; creditor if relevant
- Next Action
- Assess effects and release requirements
24 Occupants and possession
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Heirs; lawyer
- Next Action
- Clarify lawful possession/handover
25 Buyer financing conditions
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Buyer; lender; lawyer
- Next Action
- Check lender acceptance before promises
26 RD concerns and registration sequence
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Lawyer; relevant RD
- Next Action
- Confirm transaction-specific documents
27 Sale-related tax and registration preparation
- Known / Unknown / Not Applicable
- Unknown
- Evidence Held
- —
- Person to Confirm
- Tax practitioner; lawyer; offices
- Next Action
- Map obligations, documents and responsibility
Confirm the outstanding action
Assign outstanding confirmations to counsel, the tax practitioner, accepting office, lender or security requester/provider. Confirm the next action before promising a completion date.
References & Legal Sources
8. RA 11956 — Congress; official BIR copy. Historical estate-tax amnesty scope/window. Read the law.
13. 1987 Constitution — Article XII, Sections 7–8; LawPhil text. Land, hereditary-succession and former-natural-born-citizen framework. Read the Constitution.
12. Apostille FAQs — DFA Authentication Division. Foreign-document apostille framework; official search-indexed guidance consulted, direct page retrieval unavailable during this check. Country/document-specific requirements still need confirmation. Read DFA guidance.
9. RMC 33-2026, full official circular — BIR, issued 27 April 2026. Q1: settlement proof remains necessary for eCAR for qualifying prior amnesty applications; Q2–Q3 address undeclared property and installment conditions. Read the circular.
15. RMC 75-2026, full official published copy — BIR, issued 8 July 2026. Q4, Q6–Q8 and Q13: processing-office jurisdiction, documentary completeness and processing-period conditions; Q11–Q12 address registration discrepancies and representative authority. Read the circular. Q44–Q45 also clarify registration closure versus estate-tax filing and processing.
16. RMO 17-2026, full official published copy — BIR, issued 8 July 2026. Parts III B, E and I, and V: updated ONETT procedures, estate classification and review, and treatment of settlement-with-sale records. Estate processing remains distinct from sale/donation workflows. Read the order.
6. RR 12-2018, official digest — Department of Finance/BIR. Estate-tax accrual and date-of-death applicability of TRAIN provisions. Read the BIR digest.
5. RA 10963 (TRAIN) — Congress; LawPhil text. Sections 22–26: amendments to estate-tax rate, deductions, filing and payment provisions. Read the law.