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.
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 under duress 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.
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 decedent 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 journal 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 holographic wills, at least 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.
Key Requirements for Probate Philippines
Successful probate depends on having the right paperwork ready for the court.
The Original Last Will and Testament.
Official PSA-certified death record.
Inventory of Assets, including land titles (TCTs) and bank records.
Identification of all legal beneficiaries.
Financial and Time Considerations
The monetary aspect of probate can vary greatly depending on the size of the estate.
Common costs 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 probate philippines rate of 6% of the net estate value.
Legal Fees: Attorneys may charge a flat fee or an hourly rate.
However, if the will is contested by other heirs, the case could drag on for several years.
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.