Dealing with the settlement of an estate can be complex, especially when it involves the legal validation of a will through the Philippine court system.
Defining Probate in the Philippine Context
Technically speaking, no will shall pass either real or personal property unless it is proved 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.
The Step-by-Step Probate Process
To initiate the process, an heir must file a verified petition for the allowance of the will in the province where the deceased lived.
1. Initial Filing: 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 be published in a journal of general circulation for 21 days. 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 handwritten 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 decree is issued, and an executor is officially named.
What You Need to Get Started
Successful probate depends on having the right documentation ready for the court.
The Original Last Will and Testament.
Official PSA-certified death record.
A list of all properties, debts, and holdings.
Identification of all legal beneficiaries.
Estimated Costs and Timeline
How much does probate cost in 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 PHP 10,000 to PHP 30,000.
Estate Tax: A flat rate of six percent of the net estate value.
Legal Fees: Lawyers may charge a percentage or an appearance fee.
As for the duration, a simple probate case may take one to two years.
Conclusion
While the probate Philippines process is notoriously slow, it is the only probate philippines legitimate way to execute the final wishes of a loved one who left a will.