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?
Legally speaking, no will shall pass either real or personal property unless it is validated and allowed in the proper court.
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 completely handwritten, dated, and signed by the testator.
How the Probate Procedure Works
The procedure typically begins with the filing of a legal application in the Regional Trial Court (RTC).
Step 1: Filing the Petition: The petitioner 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.
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.
4. Court probate philippines Approval: 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 Started
To avoid unnecessary hurdles, you must prepare the following documents:
The Original Last Will and Testament.
Official PSA-certified death record.
A list of all properties, debts, and holdings.
Identification of all legal beneficiaries.
Estimated Costs and Timeline
How much does probate price in the Philippines?
Common costs include:
Court Filing Fees: Usually based on the assessed value of the estate.
Publication Fees: Costs for newspaper notices ranging from P15,000 to P25,000.
Estate Tax: A flat rate of 6% of the net estate value.
Legal Fees: Lawyers 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
Without probate, ownership cannot be legally transferred, and the estate remains in a legal limbo.