deceased parents no will and testament for residential property

Hi all.
May we ask for legal advise on how to sell the property owned by our parents.
We are 5 children in the family,but unfortunately,our parents died without any will and testament. We want to move on with our lives and want to sell the family home. Some of my siblings are living in another country.
Please help us find a way...what are the steps and requirements.
Thank you very much. Hoping for someone to enlighten our way.
God bless.

You can simply sell the property by providing the following legal documents to your future buyer:

1. Contract to Sell between the "seller" and the "buyer".
2. Deed of Absolute Sale.
3. ExtraJudicial Settlement of Estate - signed by all heirs.

To transfer the title, it will depends on the agreement you set in between you and your buyer on who will process the transfer/shoulder the transfer expenses including the BIR Taxes.

You may consult your lawyer to provide those legal documents for you and to advise and guide you as well.

@ hustisya...salamat po ng marami. The extrajudicial settlement of estate...is this a form that we can get from government office or munisipyo?
Another thing, I spoke to the buyer and he was asking for my siblings (who works abroad) their passport numbers and TIN's for the SPA.,Is that for real? Do we need an SPA or the docs above is enough?
Thank you and God bless.

No. I advice you to get the service of a lawyer to make that document for you. You cannot get it in a city hall/munisipyo. The lawyer is the one who have the knowledge to do that, they have formats. What you need to do is to provide the lawyer the details of the property (like the copy of a title and proof of relationship between the decedents and the heirs) because the lawyer will placed that details in the Extrajucial Settlement of Estate. If you have a time, try to search from the net the sample of the document for you to have an idea.

The SPA is a document wherein you appoint, permit or authorize your attorney-in-fact/agent to perform necessary acts in your behalf. Maybe your buyer need the SPA for the transfer of title purposes. The TIN nos. of the principal/seller are needed to put in the SPA.


Note: I am not a lawyer, im just sharing my knowldge and experience as a real estate specialist.

Thank you po.God bless