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 journey typically begins with the filing of a legal application in the Regional Trial Court (RTC).
Step 1: Filing the Petition: The executor submits the will and supporting documents to the appropriate RTC.
Step 2: Notice and Publication: The court orders that a notice of the hearing be published in a journal of general circulation for 21 days. This notifies creditors and other potential heirs.
Step 3: The Hearing: During the trial, 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.
Step 4: Issuance of Decree: If the judge is satisfied 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 Original Last Will and Testament.
Official PSA-certified death record.
Inventory of Assets, including land titles (TCTs) and bank records.
List of Heirs and their addresses.
Estimated Costs and Timeline
How much does probate price in the Philippines?
Common costs include:
Court Filing Fees: Usually probate philippines based on the assessed value of the estate.
Publication Fees: Costs for newspaper notices ranging from P15,000 to P25,000.
Estate Tax: A flat rate of 6% of the net estate value.
Legal Fees: Attorneys may charge a flat fee or an hourly rate.
However, if the will is contested by other heirs, the case could last for many years.
Conclusion
While the probate Philippines process is known for being slow, it is the only legal way to honor the final wishes of a loved one who left a will.