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 proved and allowed in the proper court.
There are two main 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 completely 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.
1. Initial Filing: 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 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 testify 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 appointed.
What You Need to Get Started
To avoid unnecessary hurdles, you must prepare the following documents:
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 probate philippines estate.
Common expenses include:
Court Filing Fees: Usually based on the gross value of the estate.
Publication Fees: Costs for newspaper notices 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
Consulting with an qualified Philippine estate lawyer is highly recommended to manage this complex legal terrain.