Dealing with the inheritance of an estate can be complex, especially when it involves the legal validation of a will through the Philippine court system.
What is Probate?
Legally 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
The journey typically begins with the filing of a legal application in the Regional Trial Court (RTC).
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 journal of general circulation for 21 days. This notifies creditors and other potential heirs.
3. Evidence Presentation: During the trial, witnesses are called to confirm 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 satisfied that the will is valid, a decree is issued, and an executor is appointed.
What You Need to Get Started
To avoid delays, you must prepare the following records:
The Original Last Will and Testament.
Official PSA-certified death record.
Inventory of Assets, including land titles (TCTs) and bank records.
List of Heirs and their contact information.
Estimated Costs and Timeline
How much does probate price 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 PHP 10,000 to PHP 30,000.
Estate Tax: A flat rate of six percent of the net estate value.
Legal Fees: Lawyers may charge a flat fee or an hourly rate.
However, if the will is contested probate philippines by other heirs, the case could drag on for many years.
Final Thoughts
While the probate Philippines process is notoriously slow, it is the only legal way to execute the final wishes of a loved one who left a will.