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?
Under the Civil Code of the Philippines, probate is required because the law must verify that the testator (the person who made the will) was of legal capacity and was not forced to sign the document.
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 completely handwritten, dated, and signed by the testator.
The Step-by-Step Probate Process
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 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 satisfied that the will is valid, a decree is issued, and an executor is officially named.
Key Requirements for Probate Philippines
To avoid unnecessary hurdles, you must gather the following documents:
The Original Last Will and Testament.
Official PSA-certified death record.
Inventory of Assets, including land titles (TCTs) and probate philippines bank records.
List of Heirs and their contact information.
Estimated Costs and Timeline
How much does probate cost in the Philippines?
Common costs 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 six percent of the net estate value.
Legal Fees: Lawyers 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
Without probate, titles cannot be legally transferred, and the estate remains in a legal limbo.