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 judicial process of proving that a will is genuine and was executed according to the requirements of Philippine law.
There are two primary types of wills in the Philippines that require probate:
Notarial Wills – These are formal documents signed in the presence of witnesses.
Holographic Wills – These are entirely handwritten, dated, and signed by the testator.
The Step-by-Step Probate Process
To initiate the process, an interested party must file a verified petition for the allowance of the will in the province where the decedent lived.
Step 1: Filing the Petition: The petitioner submits the will and supporting documents to the proper RTC.
2. Legal Notice: The court orders that a notice of the hearing be published in a journal of general circulation probate philippines for 21 days. This notifies creditors and other potential heirs.
3. Evidence Presentation: During the trial, witnesses are called to confirm the authenticity of the will. For handwritten wills, at least one witness who knows the handwriting must testify.
4. Court Approval: If the judge is satisfied that the will is valid, a decree is issued, and an executor is appointed.
Key Requirements for Probate Philippines
To avoid unnecessary hurdles, you must prepare the following records:
The actual will left by the deceased.
Official PSA-certified death record.
A list of all properties, debts, and holdings.
Identification of all legal beneficiaries.
Financial and Time Considerations
The monetary aspect of probate can vary significantly depending on the size of the estate.
Common costs include:
Court Filing Fees: Usually based on the assessed value of the estate.
Publication Fees: Costs for legal announcements ranging from PHP 10,000 to PHP 30,000.
Estate Tax: A flat rate of six percent of the net estate value.
Legal Fees: Attorneys may charge a percentage or an hourly rate.
As for the duration, a simple probate case may take 12 to 24 months.
Final Thoughts
While the probate Philippines process is notoriously slow, it is the only legal way to execute the final wishes of a loved one who left a will.