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?
Technically speaking, no will shall pass either real or personal property unless it is validated and allowed in the proper court.
There are two main 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.
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.
1. Initial Filing: The petitioner submits the will and supporting documents to the proper RTC.
Step 2: Notice and Publication: 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.
3. Evidence Presentation: During the trial, witnesses are called to testify the authenticity of the will. For holographic wills, at least three witnesses (if contested) who knows the handwriting must testify.
4. Court Approval: If the judge is convinced probate philippines that the will is valid, a certificate of probate is issued, and an executor is appointed.
Key Requirements for Probate Philippines
To avoid unnecessary hurdles, you must gather the following records:
The Original Last Will and Testament.
Official PSA-certified death record.
A list of all properties, debts, and holdings.
List of Heirs and their addresses.
Estimated Costs and Timeline
How much does probate cost in the Philippines?
Common expenses include:
Court Filing Fees: Usually based on the assessed value of the estate.
Publication Fees: Costs for newspaper notices ranging from P15,000 to P25,000.
Estate Tax: A flat rate of six percent 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 the best way to navigate this complex legal terrain.