Probate in the Philippines is a mandatory legal process that ensures the orderly transfer of a deceased person's assets to their heirs.
Defining Probate in the Philippine Context
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.
How the Probate Procedure Works
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.
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 newspaper of general circulation for three consecutive weeks. 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 satisfied that the will is valid, a certificate of probate is issued, and an executor is appointed.
What You Need to Get Started
Successful probate depends on having the right documentation 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.
Financial and Time Considerations
The financial probate philippines aspect of probate can vary greatly depending on the size of the estate.
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: Attorneys may charge a percentage or an hourly rate.
As for the timeline, a uncontested probate case may take one to two years.
Conclusion
While the probate Philippines process is notoriously slow, it is the only legitimate way to honor the final wishes of a loved one who left a will.