After reading this article, may the state inherit from its citizens, read also: HEREDITARY RIGHTS OF COLLATERAL RELATIVES
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The government may petition the court to take the property of a deceased person
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Personal properties lawfully taken by the government belongs the Municipality or City where the deceased last resided
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Real properties lawfully taken by the government belongs to the Municipality of City where it is situated
Making a Will can be carefully planned and worded by person who wants to protect his property(ies). All he has to do is either to seek the legal assistance of a lawyer (Notarial Will) or to sit and write his last wills (Holographic Will) and dispose his property(ies) to his compulsory heirs or to some other persons whom he trust.
But, there are instances where a person has died without making a Will and without any compulsory heirs to receive his property(ies).
What happens now to the properties left by a deceased person who has not executed a Will and no compulsory heirs?
The law says:
In default of persons entitled to receive inheritance in accordance with the provisions of law, the State shall inherit the whole estate or properties of the deceased person. It is clear now that it is only in such instance where the State may inherit from a deceased person.
Is the right of the State to inherit from a deceased person automatic?
The law says:
No.
In order that the State may take possession of the estate of a deceased person, the pertinent provisions of the Rules of Court must be observed.
Specifically, Rule 91 of the Rules of Court governs the process by which the State may take possession of the estate of a deceased person. The process is called “Escheats”. Escheat is a proceeding whereby real and personal properties in the Philippines of a deceased person who has left no Will or legal heirs become the properties of the State. This is based on the principle that the state has ultimate ownership of all properties within its jurisdiction.
Clearly, before a property may be escheated by the State, three (3) requisites must be present. First, a person dies without a Will. Second, he has left no heir or person by law to receive the estate. Third and last, said deceased person must have real or personal property(ies) in the Philippines.
If the above-mentioned three (3) requisites are present, the Solicitor General or his representative may now file the necessary petition in the Regional Trial Court where the deceased last resided. If the deceased has resided out of the Philippines, the petition shall be filed with the Regional Trial Court where the estate may be found.
What happens after the State has lawfully taken the properties or estate of said deceased person?
The law says:
Such estate shall be for the benefit of public schools, public charitable institutions and centers, in such Municipalities or Cities where the estate may be found.
However, please note on this: If a person legally entitled to the estate of the deceased suddenly appears and files a claim against the estate with the court within five (5) years from the date the property was delivered to the State, such person shall be entitled to the possession of the estate.
What if the property was already sold?
The law says:
The corresponding Municipality or City shall be accountable to him for such part of the proceeds as may not have been lawfully spent.
To sum up, the State must first file a Petition for Escheat before it can inherit the estate of a deceased person. If the State has not filed any petition to lawfully take the property of a deceased person, it cannot be entitled to such property(ies). If the State has actually filed a petition, a person claiming to have right over the estate of a deceased person has five (5) years from the date of judgment to claim the estate.
Otherwise, the claim shall forever be barred.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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