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?
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 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 decedent lived.
Step 1: Filing the Petition: The executor submits the will and supporting documents to the proper 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 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 decree is issued, and an executor is officially named.
What You Need to Get Started
To avoid delays, you must gather the following documents:
The actual will left by the deceased.
Official PSA-certified death record.
A list of all properties, debts, and holdings.
Identification of all legal beneficiaries.
Financial and Time Considerations
How much does probate cost in probate philippines the Philippines?
Common expenses include:
Court Filing Fees: Usually based on the assessed 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: Lawyers may charge a flat fee or an appearance fee.
However, if the will is contested by other heirs, the case could last for many years.
Conclusion
While the probate Philippines process is known for being slow, it is the only legitimate way to honor the final wishes of a loved one who left a will.