Probate in the Philippines is a mandatory legal process that ensures the lawful transfer of a deceased person's estate to their heirs.
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 main 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.
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 deceased lived.
Step 1: Filing the Petition: The petitioner submits the will and supporting documents to the appropriate RTC.
2. Legal Notice: The court orders that a notice of the hearing be published in a journal of general circulation for three consecutive weeks. This alerts creditors and other potential heirs.
Step 3: The Hearing: During the trial, 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.
Step 4: Issuance of Decree: If the judge probate philippines is convinced that the will is valid, a certificate of probate is issued, and an executor is appointed.
What You Need to Get Started
To avoid delays, you must gather the following documents:
The Original Last Will and Testament.
Official PSA-certified death record.
A list of all properties, debts, and holdings.
List of Heirs and their addresses.
Financial and Time Considerations
The financial aspect of probate can vary greatly depending on the size of the estate.
Common costs include:
Court Filing Fees: Usually based on the assessed value of the estate.
Publication Fees: Costs for legal announcements 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 timeline, a simple probate case may take 12 to 24 months.
Conclusion
Consulting with an qualified Philippine estate lawyer is the best way to navigate this complex legal terrain.