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
Technically speaking, no will shall pass either real or personal property unless it is validated and allowed in the proper court.
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 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 journal of general circulation for 21 days. This notifies creditors and other potential heirs.
Step 3: The Hearing: During the hearing, 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.
Step 4: Issuance of Decree: 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 unnecessary hurdles, you must gather 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 addresses.
Financial and Time Considerations
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 gross value of the estate.
Publication Fees: Costs for newspaper notices ranging from P15,000 to P25,000.
Estate Tax: A flat rate of 6% of the net estate value.
Legal Fees: Attorneys may charge a percentage or an appearance fee.
As for the duration, a uncontested probate case may take one to two years.
Final probate philippines Thoughts
Without probate, ownership cannot be legally transferred, and the estate remains in a state of uncertainty.