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?
Under the Rules of Court of the Philippines, probate is essential because the law must verify that the testator (the person who made the will) was of legal capacity and was not forced to sign the document.
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 entirely handwritten, dated, and signed by the testator.
How the Probate Procedure Works
To initiate the process, an executor must file a verified petition for the allowance of the will in the province where the deceased lived.
Step 1: Filing the Petition: The petitioner submits the will and supporting documents to the appropriate RTC.
2. Legal Notice: The court orders that a notice of the hearing be published in a newspaper of general circulation for 21 days. This alerts creditors and other potential heirs.
Step 3: The Hearing: During the trial, witnesses are called to confirm 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 appointed.
Key Requirements for Probate Philippines
Successful estate settlement depends on having the right paperwork ready for the court.
The Original Last Will and Testament.
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 expenses include:
Court Filing Fees: Usually based on the gross 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: Attorneys may charge a flat fee or an appearance fee.
As for the duration, a simple probate case may take one to two years.
Conclusion
Without probate philippines probate, ownership cannot be legally transferred, and the estate remains in a state of uncertainty.