INHERITED PROPERTY · DOCUMENTS & CHECKLIST

Getting an Inherited Property Ready for Sale: Documents and Checklist

Original illustration of three checklist cards and records; not actual estate documents.
Original symbolic editorial illustration. No actual family, transaction record or government document is depicted.

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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

  1. 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
  2. 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
  3. 03 Will or known probate proceedings

    Known / Unknown / Not Applicable
    Unknown
    Evidence Held
    —
    Person to Confirm
    Heirs; lawyer
    Next Action
    Establish the appropriate route
  4. 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
  5. 05 Applicable marital/property regime

    Known / Unknown / Not Applicable
    Unknown
    Evidence Held
    —
    Person to Confirm
    Lawyer
    Next Action
    Establish estate versus other interests
  6. 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
  7. 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
  8. 08 Minors or participants needing representation

    Known / Unknown / Not Applicable
    Unknown
    Evidence Held
    —
    Person to Confirm
    Lawyer
    Next Action
    Confirm authority and required orders
  9. 09 Heirs living abroad

    Known / Unknown / Not Applicable
    Unknown
    Evidence Held
    —
    Person to Confirm
    Heirs; lawyer
    Next Action
    Plan signing and document coordination
  10. 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. 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. 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. 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. 14 Publication evidence

    Known / Unknown / Not Applicable
    Unknown
    Evidence Held
    —
    Person to Confirm
    Lawyer; publisher; RD
    Next Action
    Confirm applicable requirement and proof
  15. 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. 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. 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. 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. 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. 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. 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. 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. 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. 24 Occupants and possession

    Known / Unknown / Not Applicable
    Unknown
    Evidence Held
    —
    Person to Confirm
    Heirs; lawyer
    Next Action
    Clarify lawful possession/handover
  25. 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. 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. 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.

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