Dealing with the settlement of an estate can be overwhelming, especially when it involves the legal validation of a will through the Philippine court system.
What is Probate?
Under the Rules of Court of the Philippines, probate is essential because the law must verify that the testator (the person who made the will) was of sound mind and was not under duress 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 petitioner submits the will and supporting documents to the proper 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 notifies creditors and other probate philippines potential heirs.
Step 3: The Hearing: During the trial, 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 certificate of probate is issued, and an executor is officially named.
Key Requirements for Probate Philippines
Successful probate depends on having the right paperwork ready for the court.
The actual will left by the deceased.
Official PSA-certified death record.
Inventory of Assets, including land titles (TCTs) and bank records.
Identification of all legal beneficiaries.
Estimated Costs and Timeline
How much does probate price in the Philippines?
Common costs 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 6% of the net estate value.
Legal Fees: Lawyers may charge a percentage or an hourly rate.
However, if the will is challenged by other heirs, the case could drag on for many years.
Conclusion
Without probate, titles cannot be legally transferred, and the estate remains in a state of uncertainty.