Probate in the Philippines is a mandatory legal process that ensures the rightful transfer of a deceased person's assets to their heirs.
What is Probate?
Legally speaking, no will shall pass either real or personal property unless it is proved and allowed in the proper court.
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 executor must file a verified petition for the allowance of the will in the province where the deceased lived.
Step 1: Filing the Petition: The petitioner submits the will and supporting documents to the appropriate RTC.
2. Legal Notice: The court orders that a notice of the hearing be published in a newspaper of general circulation for 21 days. This notifies creditors and other potential heirs.
3. Evidence Presentation: During the trial, witnesses are called to testify the authenticity of the will. For handwritten wills, at least one witness who knows the handwriting must testify.
4. Court Approval: If the judge is convinced that the will is valid, a certificate of probate is issued, and an executor is appointed.
Key Requirements for Probate Philippines
Successful estate settlement depends on having the right documentation 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.
List of Heirs and their contact information.
Financial and Time Considerations
How much does probate cost in the Philippines?
Common expenses 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 six percent 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 last for many years.
Final Thoughts
While the probate Philippines probate philippines process is notoriously slow, it is the only legal way to honor the final wishes of a loved one who left a will.