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.
Defining Probate in the Philippine Context
Under the Civil Code of the Philippines, probate is required because the law must verify that the testator (the person who made the will) was of legal capacity and was not forced to sign the document.
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 entirely handwritten, dated, and signed by the testator.
The Step-by-Step Probate Process
The procedure 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 requires 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 three witnesses (if contested) who knows the probate philippines handwriting must testify.
Step 4: Issuance of Decree: If the judge is convinced that the will is valid, a decree is issued, and an executor is officially named.
What You Need to Get Started
Successful probate depends on having the right paperwork ready for the court.
The actual will left by the deceased.
Official PSA-certified death record.
A list of all properties, debts, and holdings.
List of Heirs and their addresses.
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 newspaper notices ranging from PHP 10,000 to PHP 30,000.
Estate Tax: A flat rate of six percent 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.
Final Thoughts
Without probate, titles cannot be legally transferred, and the estate remains in a legal limbo.