Probate in the Philippines is a crucial legal process that ensures the lawful transfer of a deceased person's assets to their heirs.
What is Probate?
In simple terms, probate is the court-supervised process of proving that a will is genuine and was executed according to the requirements of Philippine law.
There are two primary 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 completely handwritten, dated, and signed by the testator.
The Step-by-Step Probate Process
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 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 testify the authenticity of the will. probate philippines For handwritten wills, at least three witnesses (if contested) 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 appointed.
What You Need to Get Started
To avoid unnecessary hurdles, you must gather 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.
List of Heirs and their contact information.
Financial and Time Considerations
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 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
Without probate, titles cannot be legally transferred, and the estate remains in a legal limbo.