Estate & inheritance
When Filipino heirs settle a relative’s estate without going to court, the extra-judicial settlement must be notarized and apostilled abroad if any heir is in the U.S. — we handle California notarization and apostille so it is accepted at BIR, the Registry of Deeds, and Philippine banks.
An Extra-Judicial Settlement (EJS) is a notarized agreement among heirs to divide a deceased relative’s estate without court proceedings. Heirs in the U.S. sign in front of a California notary, who applies an acknowledgment (or jurat where the document includes sworn language). The California Secretary of State then issues the apostille so the document is accepted at the Bureau of Internal Revenue, Registry of Deeds, and Philippine banks.
What this page covers
Extra-judicial settlement (sometimes called “extrajudicial settlement of estate” or “EJS with deed of sale”) is used in the Philippines when all heirs agree on how to divide a deceased relative’s estate without filing a court case. It is required to settle BIR estate-tax liability, transfer real property titles at the Registry of Deeds, and release bank deposits. Heirs living in the U.S. must sign their portion in front of a notary, with the document apostilled by the state’s Secretary of State before it is sent home. We confirm the wording matches the version prepared by your Philippine lawyer, notarize in a single mobile visit, and apostille through California.
Common reasons people need this
When some heirs live in California and others in the Philippines, the U.S.-based heirs sign and apostille their portion of the extra-judicial settlement before mailing it back so all heirs’ signatures appear on the same notarized instrument.
The BIR requires a notarized and apostilled extra-judicial settlement before assessing and clearing estate tax — a prerequisite for transferring titles, releasing bank deposits, and closing the estate.
After BIR clearance, the Registry of Deeds and LRA require the apostilled EJS to issue new titles in the heirs’ names — commonly for residential lots, agricultural land, condominium units, and ancestral properties.
Philippine banks (BDO, BPI, Metrobank, Landbank, PNB, etc.) require an apostilled EJS plus BIR clearance to release deposits, time-deposits, and investment accounts of a deceased relative.
How it works
Your lawyer in the Philippines (or barangay or notary back home) prepares the extra-judicial settlement listing all heirs, the decedent’s assets, and the agreed division. Send us a copy before you sign anything.
We meet U.S.-based heirs in Los Angeles, Orange, or Ventura County. Each heir presents valid photo ID and signs in front of the notary, who applies the correct California acknowledgment or jurat.
We submit the notarized EJS to the California Secretary of State for apostille, then ship it via tracked international courier to your Philippine lawyer or family for filing with BIR and the Registry of Deeds.
What will and won't be accepted
Realistic timelines
Before you contact us
Extra-Judicial Settlement of Estate Apostille FAQ
Yes. U.S.-based heirs sign the extra-judicial settlement in front of a California notary, the document is apostilled by the California Secretary of State, then shipped to the Philippines for the remaining heirs to sign before a PH notary. The final document combines both notarizations on the same instrument or as an attached amendment, depending on what your PH lawyer prepares.
No. Different heirs can sign in different jurisdictions — some in the Philippines before a PH notary, some in California before a California notary, others in different U.S. states before their local notaries. Each signature is notarized and apostilled in its own jurisdiction; the assembled document then goes to BIR and the Registry of Deeds.
If any heir is a minor or cannot be located, an extra-judicial settlement usually cannot proceed — Philippine law requires court (judicial) settlement instead. A PH lawyer can confirm whether your case qualifies for EJS or must go through the courts.
Since the Philippines joined the Hague Apostille Convention in 2019, the California apostille replaces the old Philippine Consulate red ribbon. BIR, Registry of Deeds, LRA, and Philippine banks accept the apostilled EJS without consularization.
No — an SPA authorizes someone to act on your behalf; it does not divide an estate. The extra-judicial settlement itself must list every heir and the agreed division. Heirs can use an SPA to appoint a representative who will sign the EJS for them, but the EJS itself is a separate document.
From sending us the final EJS draft to having the apostilled original ready to mail to the Philippines, the California portion typically takes 1–2 weeks. The Philippine portion — BIR estate-tax filing, publication, and Registry of Deeds title transfer — is separate and usually takes several weeks to a few months depending on the estate.
Other Philippine documents