Probate in the Philippines is a crucial legal process that ensures the rightful transfer of a deceased person's properties to their heirs.
Defining Probate in the Philippine Context
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 sound mind and was not forced to sign the document.
There are two main 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 entirely handwritten, dated, and signed by the testator.
The Step-by-Step Probate Process
The procedure typically begins with the filing of a legal application in the Regional Trial Court (RTC).
1. Initial Filing: The petitioner 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 notifies creditors and other potential heirs.
Step 3: The Hearing: 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 certificate of probate is issued, and an executor is officially named.
What You Need to Get probate philippines Started
To avoid delays, you must prepare 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.
Estimated Costs and Timeline
How much does probate cost in the Philippines?
Common expenses include:
Court Filing Fees: Usually based on the gross 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 six percent of the net estate value.
Legal Fees: Attorneys may charge a flat fee or an appearance fee.
However, if the will is challenged by other heirs, the case could drag on for many years.
Conclusion
While the probate Philippines process is notoriously slow, it is the only legitimate way to execute the final wishes of a loved one who left a will.