Dealing with the settlement of an estate can be challenging, especially when it involves the legal validation of a will through the Philippine court system.
Defining Probate in the Philippine Context
In simple terms, probate is the judicial process of proving that a will is genuine and was executed according to the requirements of Philippine law.
There are two main 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 petitioner submits the will and supporting documents to the appropriate RTC.
2. Legal Notice: The court orders that a notice of the hearing be published in a journal of general circulation for three consecutive weeks. This alerts creditors and other potential heirs.
Step 3: The Hearing: During the hearing, witnesses are called to testify the authenticity of the will. For handwritten wills, at least one witness who knows the handwriting must testify.
4. Court Approval: If the judge is satisfied that the will is valid, a certificate of probate is issued, and an executor is officially named.
What You Need probate philippines to Get Started
To avoid unnecessary hurdles, you must prepare the following records:
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 contact information.
Estimated Costs and Timeline
How much does probate price 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 P15,000 to P25,000.
Estate Tax: A flat rate of 6% of the net estate value.
Legal Fees: Attorneys may charge a percentage or an appearance fee.
As for the timeline, a uncontested probate case may take 12 to 24 months.
Final Thoughts
Consulting with an qualified Philippine estate lawyer is the best way to manage this complex legal terrain.