Probate in the Philippines is a crucial legal process that ensures the rightful transfer of a deceased person's properties to their heirs.
What is Probate?
Technically 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 formal 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 executor 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 21 days. This alerts creditors and other potential heirs.
Step 3: The Hearing: During the trial, witnesses are called to testify the authenticity of the will. For handwritten wills, at least three witnesses (if contested) who knows the handwriting must testify.
Step 4: Issuance of Decree: If the judge is satisfied that the will is valid, a certificate of probate is issued, and an executor is appointed.
What You Need to Get Started
To avoid unnecessary hurdles, you must gather the following documents:
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 addresses.
Estimated Costs and Timeline
How much does probate price in the Philippines?
Common costs include:
Court Filing Fees: Usually based on the gross value of the estate.
Publication Fees: Costs for legal announcements ranging from P15,000 to P25,000.
Estate Tax: A flat rate of six percent of the net estate value.
Legal Fees: Lawyers may charge a percentage or probate philippines an appearance fee.
As for the duration, a uncontested probate case may take 12 to 24 months.
Final Thoughts
Without probate, ownership cannot be legally transferred, and the estate remains in a state of uncertainty.