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 court-supervised 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 completely handwritten, dated, and signed by the testator.
How the Probate Procedure Works
To initiate the process, an executor must file a verified petition for the allowance of the will in the province where the deceased lived.
Step 1: Filing the Petition: The executor submits the will and supporting documents to the appropriate RTC.
2. Legal Notice: The court requires that a notice of the hearing be published in a newspaper of general circulation for three consecutive weeks. This notifies 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 one witness who knows the handwriting must testify.
Step 4: Issuance of Decree: If the judge is satisfied that the will is valid, a certificate of probate is issued, and an executor is officially named.
What You Need to Get Started
Successful estate settlement depends on having the right paperwork ready for the court.
The actual will left by the deceased.
Official PSA-certified death record.
Inventory of Assets, including land titles (TCTs) and bank records.
List of Heirs and their addresses.
Financial and Time Considerations
How much does probate price in the Philippines?
Common costs 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 6% of the net estate value.
Legal Fees: Attorneys may charge a flat fee or an hourly rate.
However, if the will is contested by other heirs, the case could drag on for several years.
Conclusion
While the probate philippines probate Philippines process is notoriously slow, it is the only legal way to honor the final wishes of a loved one who left a will.