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
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 entirely handwritten, dated, and signed by the testator.
The Step-by-Step Probate Process
The journey typically begins with the filing of a petition in the Regional Trial Court (RTC).
1. Initial Filing: The executor submits the will and supporting documents to the appropriate RTC.
2. Legal Notice: The court requires that a notice of the hearing be published in a journal of general circulation for three consecutive weeks. This notifies creditors and other potential heirs.
3. Evidence Presentation: During the hearing, witnesses are called to confirm the authenticity of the will. For handwritten 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 appointed.
What You Need to Get Started
Successful probate depends on having the right documentation ready for the court.
The Original probate philippines Last Will and Testament.
Official PSA-certified death record.
Inventory of Assets, including land titles (TCTs) and bank records.
Identification of all legal beneficiaries.
Financial and Time Considerations
The monetary aspect of probate can vary significantly 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: Lawyers may charge a flat fee or an appearance fee.
As for the timeline, a uncontested probate case may take one to two years.
Conclusion
While the probate Philippines process is known for being slow, it is the only legal way to execute the final wishes of a loved one who left a will.