Probate in the Philippines is a vital legal process that ensures the lawful transfer of a deceased person's properties to their heirs.
What is Probate?
Under the Civil Code 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 notarized documents signed in the presence of witnesses.
Holographic Wills – These are completely handwritten, dated, and signed by the testator.
How the Probate Procedure Works
To initiate the process, an interested party must file a verified petition for the allowance of the will in the province where the deceased lived.
1. Initial Filing: 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 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 three witnesses (if contested) 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
To avoid unnecessary hurdles, you must prepare the following records:
The actual will left by the deceased.
Official PSA-certified death record.
A list of all properties, debts, and holdings.
Identification of all legal beneficiaries.
Financial and Time Considerations
How much does probate cost in the Philippines?
Common costs include:
Court Filing Fees: Usually based on the assessed value of the estate.
Publication Fees: Costs for legal announcements ranging from PHP 10,000 to PHP 30,000.
Estate Tax: A flat rate of six percent of the net estate value.
Legal Fees: Attorneys may charge a percentage or an hourly rate.
As for the duration, a simple probate case may take 12 to 24 probate philippines months.
Conclusion
While the probate Philippines process is known for being slow, it is the only legal way to honor the final wishes of a loved one who left a will.