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.
Defining Probate in the Philippine Context
Under the Rules of Court of the Philippines, probate is required because the law must verify that the testator (the person who made the will) was of sound mind and was not under duress 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.
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 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 for three consecutive weeks. This alerts creditors and other potential heirs.
Step 3: The Hearing: During the hearing, witnesses are called to confirm the authenticity of the will. For handwritten wills, at least three witnesses (if contested) who knows the handwriting must testify.
Step 4: Issuance of Decree: 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
To avoid unnecessary hurdles, you probate philippines must prepare the following records:
The Original Last Will and Testament.
Official PSA-certified death record.
A list of all properties, debts, and holdings.
Identification of all legal beneficiaries.
Financial and Time Considerations
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 PHP 10,000 to PHP 30,000.
Estate Tax: A flat rate of 6% of the net estate value.
Legal Fees: Lawyers may charge a percentage or an hourly rate.
However, if the will is contested by other heirs, the case could last for many years.
Conclusion
Without probate, titles cannot be legally transferred, and the estate remains in a state of uncertainty.