PROCEDURE FOR

ESCHEAT PROCEEDINGS

REGIONAL TRIAL COURT; ORDER

Natural Person Dies Solicitor General
a. Where deceased last resided for a hearing
who has (natural or or authorized
b. Where the property is located, in whole or in part, (which should not
1. Properties judicial) representative files
if he was a non-resident. be more than 6
in the Phil. intestate PETITION for
ESCHEAT c. For, unclaimed deposits (for 10 years), city/ mos. from entry)
2. No heirs province where the bank is located.

PUBLICATION
of ORDER (for 6
successive
Other instances of ESCHEAT Heirs Beneficiaries of Escheated Properties weeks in a
1. If the deceased was a resident of the
newspaper of
1. Reversion proceedings where 1. Legitimate children or descendants
2. Illegitimate children or descendants Philippines at the time of his death; general
sale of property is made in
violation of the Constitutional 3. Legitimate parents and ascendants a. Personal estate – assigned to the circulation in
provision; and 4. Illegitimate parents municipality where the deceased last the area)
5. Widow or the widower resided
2. Dormant accounts for 10 years
6. Brothers and sisters, nephews and b. Real Estate – assigned to the city or
(Unclaimed Balance Act of municipality in which the same is
nieces HEARING
Banking Laws). situated
7. Collateral relatives within the 5th
civil degree 2. If the decedent was a non- resident at the
8. The State time of his death-
Properties Subject to Escheat a. Real and Personal Property- assigned OPPOSITION
to the cities and municipalities where
1. All properties, real or personal the same is located.
2. Any right of property of any nature, Legal or Intestate Succession
NO
including- OPPOSITION
a. Bank deposits 1. There is no will, the will is void, or
b. Dividends on corporate stocks the will is revoked; Use of Escheated Properties
c. Distributive shares of 2. The will does not dispose all the
( Art 1013,NCC) Presentation
stockholders on dissolution of property of the testator (partial
a corporation intestacy); or 1. These shall be used for the benefit of of Contrary
d. Unclaimed Funds of persons 3. the suspensive condition attached public schools, public charitable Evidence
who were inmates of State to the instituted is not fulfilled, the institutions and centers in the city or
Hospitals or soldiers’ and heir predeceased the testator or municipality who are the beneficiaries;
sailor’s homes; repudiates the inheritance and no Presentation of
2. At the instance of an interested party, or
e. Telegraphic transfers substitution or no right of accretion upon the court’s own motion, the court Jurisdictional
f. Unclaimed balance in banks take place; may order the establishment of a facts and
4. The instituted heir is incapacitated
to succeed
permanent trust so that only the income evidence
from the property shall be used.

JUDGMENT CLAIMS filed within JUDGMENT

HEARING and ORDER 5 years from delivery
PRESENTATION for hearing of property to the
PUBLICATION
of evidence State
APPEALS APPEALS

References: TABINGAN, Monroe, 2001 Special Proceeding, Pheonix Press, Inc., Quezon City, Philippines
UST Reviewer, 2011 BAR-OPS, Remedial Law