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.
What is Probate?
Legally speaking, no will shall pass either real or personal property unless it is proved and allowed in the proper court.
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 heir must file a verified petition for the allowance of the will in the province where the decedent lived.
1. Initial Filing: The executor submits the will and supporting documents to the proper RTC.
Step 2: Notice and Publication: The court requires that a notice of the hearing be published in a newspaper of general circulation probate philippines for 21 days. This notifies creditors and other potential heirs.
3. Evidence Presentation: During the hearing, witnesses are called to testify the authenticity of the will. For handwritten wills, at least one witness who knows the handwriting must testify.
4. Court Approval: If the judge is satisfied that the will is valid, a certificate of probate is issued, and an executor is officially named.
Key Requirements for Probate Philippines
To avoid unnecessary hurdles, you must prepare the following documents:
The actual will left by the deceased.
Official PSA-certified death record.
Inventory of Assets, including land titles (TCTs) and bank records.
List of Heirs and their contact information.
Estimated Costs and Timeline
How much does probate price in the Philippines?
Common expenses include:
Court Filing Fees: Usually based on the gross 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 flat fee or an hourly rate.
As for the duration, a uncontested probate case may take one to two years.
Final Thoughts
Consulting with an experienced Philippine estate lawyer is the best way to manage this complex legal landscape.