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 proved and allowed in the proper court.
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
The procedure 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 holographic 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 officially named.
Key Requirements for Probate Philippines
To avoid delays, you must gather the following records:
The Original Last Will and Testament.
Official PSA-certified death record.
A list of all properties, debts, and holdings.
List of Heirs and their addresses.
Estimated Costs and Timeline
How much does probate cost in the Philippines?
Common costs include:
Court Filing Fees: Usually based on the gross value of the estate.
Publication Fees: Costs for legal announcements ranging from P15,000 to P25,000.
Estate Tax: A flat rate of six percent of the net estate value.
Legal Fees: Lawyers may charge a percentage probate philippines or an appearance fee.
As for the duration, a uncontested probate case may take 12 to 24 months.
Final Thoughts
Without probate, titles cannot be legally transferred, and the estate remains in a state of uncertainty.