Probate in the Philippines is a vital legal process that ensures the orderly transfer of a deceased person's estate to their heirs.
Defining Probate in the Philippine Context
Technically speaking, no will shall pass either real or personal property unless it is proved 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 entirely handwritten, dated, and signed by the testator.
The Step-by-Step Probate Process
The journey typically begins with the filing of a petition in the Regional Trial Court (RTC).
Step 1: Filing the Petition: The executor 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 alerts creditors and other potential probate philippines heirs.
3. Evidence Presentation: During the hearing, witnesses are called to confirm 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.
Key Requirements for Probate Philippines
To avoid delays, you must prepare the following documents:
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 gross value of the estate.
Publication Fees: Costs for legal announcements ranging from P15,000 to P25,000.
Estate Tax: A flat rate of 6% of the net estate value.
Legal Fees: Lawyers may charge a flat fee or an hourly rate.
As for the timeline, a simple probate case may take 12 to 24 months.
Final Thoughts
While the probate Philippines process is known for being slow, it is the only legal way to execute the final wishes of a loved one who left a will.