Probate in the Philippines is a mandatory legal process that ensures the orderly transfer of a deceased person's estate to their heirs.
Defining Probate in the Philippine Context
In simple terms, probate is the judicial process of proving that a will is authentic and was executed according to the requirements of Philippine law.
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 entirely handwritten, dated, and signed by the testator.
How the Probate Procedure Works
To initiate the process, an executor 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 proper RTC.
2. Legal Notice: The court orders that a notice of the hearing be published in a newspaper of general circulation for three consecutive weeks. This alerts creditors and other potential heirs.
3. Evidence Presentation: During the trial, 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 probate philippines appointed.
What You Need to Get Started
To avoid unnecessary hurdles, you must gather the following records:
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.
Financial and Time Considerations
How much does probate price 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 6% of the net estate value.
Legal Fees: Attorneys may charge a flat fee or an hourly rate.
As for the duration, a uncontested probate case may take 12 to 24 months.
Final Thoughts
Consulting with an qualified Philippine estate lawyer is the best way to manage this complex legal landscape.