Probate in the Philippines is a mandatory legal process that ensures the rightful transfer of a deceased person's assets to their heirs.
What is Probate?
Under the Rules of Court 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 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.
Step 1: Filing the Petition: The executor 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 journal of general circulation for three consecutive weeks. This alerts creditors and other potential heirs.
Step 3: The Hearing: During the hearing, witnesses are called to testify 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 convinced that the will is valid, a certificate of probate is issued, and an executor is officially named.
What You Need to Get Started
Successful probate depends on having the right paperwork ready for the court.
The actual will left by probate philippines the deceased.
Official PSA-certified death record.
A list of all properties, debts, and holdings.
Identification of all legal beneficiaries.
Estimated Costs and Timeline
The monetary aspect of probate can vary greatly 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 flat fee or an hourly rate.
However, if the will is challenged by other heirs, the case could last for many years.
Final Thoughts
Without probate, titles cannot be legally transferred, and the estate remains in a legal limbo.