Probate in the Philippines is a mandatory legal process that ensures the orderly transfer of a deceased person's assets to their heirs.
Defining Probate in the Philippine Context
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 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
The procedure typically begins with the filing of a petition in the Regional Trial Court (RTC).
1. Initial Filing: The petitioner submits the will and supporting documents to the proper 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.
3. Evidence Presentation: During the hearing, witnesses are called to confirm the authenticity of the will. For handwritten wills, at least three witnesses (if contested) who knows the handwriting must testify.
4. Court Approval: If the judge is convinced that the will is valid, a decree is issued, and an executor is appointed.
What You Need to Get Started
Successful probate depends on having the right paperwork ready for the court.
The actual will left by the deceased.
Official PSA-certified death record.
A list of all properties, debts, and holdings.
List of Heirs and their addresses.
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 flat fee or an appearance fee.
As for the duration, a simple probate case may take 12 to 24 months.
Final Thoughts
While the probate Philippines process is notoriously slow, it is the only legal way to execute probate philippines the final wishes of a loved one who left a will.