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
In simple terms, probate is the court-supervised process of proving that a will is valid and was executed according to the requirements of Philippine law.
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
The procedure typically begins with the filing of a legal application in the Regional Trial Court (RTC).
Step 1: Filing the Petition: The executor submits the will and supporting documents to the appropriate RTC.
Step 2: Notice and Publication: The court orders that a notice of the hearing be published in a newspaper of general circulation for 21 days. This alerts creditors and other potential heirs.
3. Evidence Presentation: During the hearing, witnesses are called to testify the authenticity of the will. For holographic wills, at least one witness who knows the handwriting must testify.
Step 4: Issuance of Decree: 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
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.
Estimated Costs and Timeline
The monetary aspect of probate can vary greatly probate philippines depending on the size of the estate.
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 six percent of the net estate value.
Legal Fees: Attorneys may charge a percentage or an hourly rate.
As for the duration, a uncontested probate case may take 12 to 24 months.
Final Thoughts
While the probate Philippines process is notoriously slow, it is the only legal way to execute the final wishes of a loved one who left a will.