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 formalities 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 heir must file a verified petition for the allowance of the will in the province where the deceased lived.
1. Initial Filing: The petitioner submits the will and supporting documents to the appropriate RTC.
Step 2: Notice and Publication: The court orders that a notice of the hearing be published in a journal of general circulation for three consecutive weeks. This alerts 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 convinced that the will is valid, a certificate of probate is issued, and an executor is officially named.
Key Requirements for Probate Philippines
Successful estate settlement depends probate philippines on having the right paperwork ready for the court.
The actual will left by the deceased.
Official PSA-certified death record.
A list of all properties, debts, and holdings.
List of Heirs and their contact information.
Estimated Costs and Timeline
The financial aspect of probate can vary greatly depending on the size of the estate.
Common expenses 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: Attorneys may charge a percentage or an appearance fee.
However, if the will is contested by other heirs, the case could drag on for many years.
Final Thoughts
Consulting with an qualified Philippine estate lawyer is highly recommended to manage this complex legal terrain.