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 sound mind and was not forced to sign the document.
There are two main types of wills in the Philippines that require probate:
Notarial Wills – These are notarized 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 legal application in the Regional Trial Court (RTC).
1. Initial Filing: The petitioner 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 probate philippines testify 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 certificate of probate 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 Original Last Will and Testament.
Official PSA-certified death record.
A list of all properties, debts, and holdings.
Identification of all legal beneficiaries.
Estimated Costs and Timeline
The financial 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 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: Attorneys may charge a flat fee or an hourly rate.
As for the timeline, a simple probate case may take one to two years.
Conclusion
While the 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.