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Extrajudicial Settlement of Estate vs Extrajudicial Partition

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Margie


Arresto Menor
Is there a difference between Extrajudicial Settlement of Estate and Extrajudicial Partition? In the process of Extrajudicial Settlement of Estate, will the actual partition of the property(measured and surveyed) be done in a separate process of Extrajudicial Partition?
Enlightenment badly needed. Thanks!

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tsi ming choi


Reclusion Perpetua
Extrajudicial Settlement of Estate - when a decedent died without a will and without any debts or claims from creditors or any third party claims, thus, the property of the decedent may pass upon to the heirs.(the heirs owned the property in common, they are co-owners)

Now, to distribute the property to INDIVIDUAL co-owners, the proper action is Extrajudicial Partition.

Margie wrote: In the process of Extrajudicial Settlement of Estate, will the actual partition of the property(measured and surveyed) be done in a separate process of Extrajudicial Partition?

Yes, to determine the exact measurement, metes and bound of the property to be distributed to every individual.

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