An Affidavit of Surviving Legal Heirs is a fundamental legal document in Philippine succession and inheritance law, used when a person passes away and their legal heirs need to be officially identified and documented. This affidavit is particularly important in cases where formal estate proceedings may not be necessary or as a preliminary document in more complex estate settlements. It must comply with the requirements of the Civil Code of the Philippines, the Family Code, and local regulations regarding succession and inheritance. The document typically becomes necessary when dealing with banks, government agencies, or other institutions that require proof of heirship for processing death benefits, transferring properties, or settling accounts of the deceased. The affidavit includes comprehensive details about the deceased person, the declarant's relationship to the deceased, and a complete list of all surviving legal heirs, their ages, and relationships to the deceased.
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1. Title and Jurisdiction: Specifies the document type and the jurisdiction where it is being executed
2. Declarant Information: Full details of the person making the affidavit, including their relationship to the deceased
3. Details of the Deceased: Complete information about the deceased person, including full name, date and place of death, and last known address
4. Statement of Authority: Declarant's basis for having knowledge of the family and being authorized to execute the affidavit
5. List of Surviving Legal Heirs: Comprehensive enumeration of all living legal heirs, their relationships to the deceased, ages, and addresses
6. Declaration of No Other Heirs: Sworn statement that there are no other known legal heirs besides those mentioned
7. Verification and Oath: Standard notarial verification and oath statement
8. Execution: Signature block, date, and notarial acknowledgment
1. Statement Regarding Will: Used when declaring whether the deceased left a will or died intestate
2. Property Declaration: Required when specific properties need to be listed or when required by local regulations
3. Certification of No Pending Case: Added when there's a need to certify no pending court cases regarding the deceased's estate
4. Waiver of Rights: Included when certain heirs are waiving their rights in favor of other heirs
5. Statement of Predeceased Heirs: Used when there are relevant deceased heirs who would have had rights to the inheritance
1. Death Certificate: Certified true copy of the deceased's death certificate
2. Birth Certificates: Copies of birth certificates proving relationship of heirs to the deceased
3. Marriage Certificates: If applicable, proving marital relationships
4. Valid IDs: Photocopies of valid government IDs of all declarants
5. Family Tree: Diagram showing relationships between the deceased and all claimed heirs
6. Barangay Certification: Local government certification confirming the known heirs, if required
Relevant legal definitions
Clauses
Jurisdiction Declaration
Personal Identification
Authority to Execute
Death Verification
Relationship Declaration
Heir Enumeration
Family Composition
Property Statement
Intestacy Declaration
No Pending Case Declaration
Non-Existence of Other Heirs
Truth and Accuracy Attestation
Supporting Documents Reference
Notarial Acknowledgment
Witness Attestation
Penalties and Perjury Warning
Oath Declaration
Personal Identification
Authority to Execute
Death Verification
Relationship Declaration
Heir Enumeration
Family Composition
Property Statement
Intestacy Declaration
No Pending Case Declaration
Non-Existence of Other Heirs
Truth and Accuracy Attestation
Supporting Documents Reference
Notarial Acknowledgment
Witness Attestation
Penalties and Perjury Warning
Oath Declaration
Relevant Industries
Legal Services
Real Estate
Banking and Finance
Insurance
Government Services
Public Administration
Notarial Services
Estate Management
Property Development
Financial Services
Relevant Teams
Legal
Compliance
Risk Management
Estate Administration
Property Management
Claims Processing
Customer Service
Document Management
Administrative Support
Regulatory Affairs
Relevant Roles
Legal Counsel
Paralegal
Estate Planning Attorney
Probate Lawyer
Bank Manager
Insurance Claims Officer
Property Manager
Real Estate Agent
Civil Registrar
Notary Public
Estate Administrator
Legal Administrative Assistant
Property Rights Officer
Succession Planning Advisor
Risk Management Officer
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