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 genuine and was executed according to the requirements of Philippine law.
There are two primary 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 completely handwritten, dated, and signed by the testator.
The Step-by-Step Probate Process
The procedure typically begins with the filing of a petition in the Regional Trial Court (RTC).
Step 1: Filing the Petition: The petitioner submits the will and supporting documents to the proper RTC.
Step 2: Notice and Publication: The court orders that a notice of the hearing probate philippines be published in a newspaper of general circulation for 21 days. This alerts creditors and other potential heirs.
Step 3: The Hearing: During the hearing, 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 convinced that the will is valid, a certificate of probate is issued, and an executor is appointed.
What You Need to Get Started
Successful estate settlement 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.
Identification of all legal beneficiaries.
Estimated Costs and Timeline
The financial aspect of probate can vary significantly 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 newspaper notices ranging from P15,000 to P25,000.
Estate Tax: A flat rate of six percent of the net estate value.
Legal Fees: Attorneys may charge a flat fee or an hourly rate.
As for the duration, a uncontested probate case may take one to two years.
Final Thoughts
Without probate, ownership cannot be legally transferred, and the estate remains in a state of uncertainty.