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?
Under the Rules of Court of the Philippines, probate is required because the law must verify that the testator (the person who made the will) was of legal capacity and was not under duress to sign the document.
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 entirely handwritten, dated, and signed by the testator.
How the Probate Procedure Works
To initiate the process, an interested party must file a verified petition for the allowance of the will in the province where the decedent lived.
1. Initial Filing: The petitioner submits the will and supporting documents to the proper RTC.
Step 2: Notice and Publication: The court orders that a notice of the hearing be published in a newspaper of general circulation for three consecutive weeks. This notifies creditors and other potential heirs.
Step 3: The Hearing: During the trial, witnesses are called to testify the authenticity of the will. For probate philippines holographic 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 decree is issued, and an executor is officially named.
What You Need to Get Started
Successful estate settlement depends on having the right paperwork ready for the court.
The actual will left by the deceased.
Official PSA-certified death record.
Inventory of Assets, including land titles (TCTs) and bank records.
Identification of all legal beneficiaries.
Estimated Costs and Timeline
How much does probate cost 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 PHP 10,000 to PHP 30,000.
Estate Tax: A flat rate of 6% of the net estate value.
Legal Fees: Lawyers may charge a percentage or an hourly rate.
As for the timeline, a simple probate case may take 12 to 24 months.
Conclusion
Without probate, titles cannot be legally transferred, and the estate remains in a legal limbo.