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
In simple terms, probate is the court-supervised process of proving that a will is valid and was executed according to the requirements of Philippine law.
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 entirely 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 petitioner submits the will and supporting documents to the appropriate RTC.
Step 2: Notice and Publication: The court requires that a notice of the hearing be published in a newspaper of general circulation for three consecutive weeks. This probate philippines notifies creditors and other potential heirs.
3. Evidence Presentation: During the trial, witnesses are called to testify 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 convinced that the will is valid, a decree is issued, and an executor is officially named.
Key Requirements for Probate Philippines
Successful probate depends on having the right paperwork ready for the court.
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 addresses.
Estimated Costs and Timeline
The monetary 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: 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
Consulting with an experienced Philippine estate lawyer is highly recommended to navigate this complex legal terrain.