If a Parent Dies and the Property is Still Untitled, Who Inherits It?

In many Filipino families, it’s common to find real estate passed down across generations without the benefit of a formal land title. Sometimes, parents acquire or inherit land but fail to complete the registration process in their name. 

When a parent dies, leaving behind untitled property, the question arises: Who legally inherits it, and what is the process for doing so?

This article explains the legal framework for succession and property ownership in the Philippines when the property left behind is not yet titled, as well as the steps heirs may take.

1. Untitled Property Is Not Automatically Ownerless

Even if a property is untitled, it may still be validly owned. Ownership can be proven through:

• Tax declarations and Real property tax receipts;

• Possession in the concept of owner (open, continuous, and exclusive possession);

• Supporting documents such as Deeds of Sale, Donation, or Extrajudicial Settlement

The absence of a title does not erase ownership. It simply means the legal registration of ownership has not been completed.

2. Legal Heirs Inherit the Property Under the Law of Succession

If the parent dies without a will, the estate, including any untitled land, passes to the legal heirs under the intestate succession rules (as provided by the Civil Code).

Generally, the heirs may include:

• The surviving spouse

• Legitimate and illegitimate children

• In the absence of descendants: parents, siblings, or relatives within the collateral line

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If there is a valid will, the distribution will follow testamentary succession, subject to the rules of legitime (which protect the shares of compulsory heirs).

3. Heirs Must Settle the Estate and Establish Ownership

To transfer or claim the property, heirs may execute an:

• Extrajudicial Settlement of Estate (if there is no will and no dispute), or

• Judicial Settlement (if there is a will or conflict among heirs)

They may also:

• Pay the estate tax

• Update the tax declaration in the name of the heirs.

• Initiate land titling or reconstitution through proper legal remedies if the land was never titled.

4. Heirs May Apply for Titling Through Legal Means

The heirs have the legal personality to initiate administrative or judicial processes to:

• Apply for original registration under the Torrens system.

• Invoke ownership by prescription if the family has openly and continuously possessed the property for decades.

• Regularize property rights through confirmation of an imperfect title, subject to applicable law.

In sum, inheriting an untitled property involves more than just occupying the land. Heirs must take steps to legally settle the estate, determine rightful shares, and pursue proper registration to protect their interests.

📌 This article is for general informational purposes only and does not constitute legal advice. For specific concerns on inheritance and property settlement, GC Law may provide appropriate legal guidance based on your unique situation.