When a person passes away leaving a last will and testament in the Philippines, the document must undergo a formal court procedure known as probate.
What is Probate?
In simple terms, probate is the court-supervised process of proving that a will is valid and was executed according to the formalities of Philippine law.
There are two primary types of wills in the Philippines that require probate:
Notarial Wills – These are notarized documents signed in the presence of witnesses.
Holographic Wills – These are completely handwritten, dated, and signed by the testator.
How the Probate Procedure Works
To initiate the process, an heir must file a verified petition for the allowance of the will in the province where the deceased lived.
Step 1: Filing the Petition: The executor submits the will and supporting documents to the proper RTC.
2. Legal Notice: probate philippines The court orders that a notice of the hearing be published in a journal of general circulation for 21 days. This notifies creditors and other potential heirs.
Step 3: The Hearing: During the hearing, witnesses are called to testify the authenticity of the will. For holographic wills, at least one witness who knows the handwriting must testify.
4. Court Approval: If the judge is convinced that the will is valid, a decree is issued, and an executor is officially named.
Key Requirements for Probate Philippines
To avoid delays, you must gather the following records:
The actual will left by the deceased.
Official PSA-certified death record.
Inventory of Assets, including land titles (TCTs) and bank records.
Identification of all legal beneficiaries.
Financial and Time Considerations
How much does probate cost in the Philippines?
Common costs include:
Court Filing Fees: Usually based on the assessed value of the estate.
Publication Fees: Costs for legal announcements ranging from P15,000 to P25,000.
Estate Tax: A flat rate of 6% of the net estate value.
Legal Fees: Lawyers may charge a percentage or an appearance fee.
As for the duration, a uncontested probate case may take 12 to 24 months.
Final Thoughts
Consulting with an qualified Philippine estate lawyer is highly recommended to manage this complex legal terrain.