Dealing with the inheritance of an estate can be overwhelming, especially when it involves the legal validation of a will through the Philippine court system.
What is Probate?
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 main 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.
How the Probate Procedure Works
The procedure 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.
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.
3. Evidence Presentation: During the trial, witnesses are called to confirm the authenticity of the will. For handwritten 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 decree is issued, and an executor is appointed.
What You Need to Get Started
Successful estate settlement depends on having the right documentation ready for the court.
The Original Last Will and Testament.
Official PSA-certified death record.
A list of all properties, debts, and holdings.
Identification of all legal beneficiaries.
Estimated Costs probate philippines and Timeline
How much does probate cost in the Philippines?
Common expenses 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 appearance fee.
As for the timeline, a uncontested probate case may take one to two years.
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.