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?
Technically speaking, no will shall pass either real or personal property unless it is validated and allowed in the proper court.
There are two primary 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 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).
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.
3. Evidence Presentation: During the trial, witnesses are called to testify the authenticity of the will. For holographic wills, at least one witness 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 prepare the following documents:
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 contact information.
Financial and Time Considerations
The monetary aspect of probate can vary significantly depending on the size of the estate.
Common expenses include:
Court Filing Fees: Usually based on the assessed 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: Attorneys may charge a flat fee or an appearance fee.
As for the duration, a simple probate case may take one to two years.
Conclusion
While probate philippines the probate Philippines process is notoriously slow, it is the only legal way to execute the final wishes of a loved one who left a will.