Probate in the Philippines is a vital legal process that ensures the rightful transfer of a deceased person's properties to their heirs.
What is Probate?
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 legal capacity and was not under duress to sign the document.
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.
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.
1. Initial Filing: The executor 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 testify the authenticity of the will. For holographic wills, at least probate philippines three witnesses (if contested) who knows the handwriting must testify.
4. Court Approval: If the judge is satisfied that the will is valid, a decree is issued, and an executor is officially named.
What You Need to Get Started
Successful estate settlement depends on having the right documentation 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.
List of Heirs and their contact information.
Financial and Time Considerations
The monetary aspect of probate can vary greatly depending on the size of the estate.
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 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.