Probate in the Philippines is a vital legal process that ensures the orderly transfer of a deceased person's estate to their heirs.
What is Probate?
In simple terms, probate is the court-supervised process of proving that a will is authentic and was executed according to the formalities of Philippine law.
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.
How the Probate Procedure Works
The journey 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.
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 alerts creditors and other potential heirs.
3. Evidence Presentation: During the hearing, witnesses are called to confirm the authenticity of the will. For handwritten wills, at least three witnesses (if contested) who knows the handwriting must testify.
4. Court Approval: probate philippines If the judge is convinced that the will is valid, a decree is issued, and an executor is officially named.
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.
A list of all properties, debts, and holdings.
Identification of all legal beneficiaries.
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 legal announcements ranging from P15,000 to P25,000.
Estate Tax: A flat rate of 6% of the net estate value.
Legal Fees: Attorneys may charge a percentage or an appearance fee.
However, if the will is challenged by other heirs, the case could drag on for many years.
Final Thoughts
While the probate Philippines process is known for being slow, it is the only legal way to execute the final wishes of a loved one who left a will.