Dealing with the inheritance of an estate can be challenging, especially when it involves the legal validation of a will through the Philippine court system.
What is Probate?
In simple terms, probate is the court-supervised process of proving that a will is authentic and was executed according to the formalities 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 entirely handwritten, dated, and signed by the testator.
How the Probate Procedure Works
To initiate the process, an executor must file a verified petition for the allowance of the will in the province where the deceased lived.
Step 1: Filing the Petition: The executor submits the will and supporting documents to the proper RTC.
2. Legal Notice: The court orders that a notice of the hearing be published in a newspaper of general circulation for three consecutive weeks. This alerts creditors and other potential heirs.
3. Evidence Presentation: During the hearing, witnesses are called to testify the authenticity of the will. For holographic wills, at least three witnesses (if contested) who knows the handwriting must testify.
4. Court Approval: If the judge is convinced that the will is valid, a certificate of probate is issued, and an executor is appointed.
Key Requirements for Probate Philippines
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.
Identification of all legal beneficiaries.
Financial and Time Considerations
The monetary aspect of probate can vary greatly depending on the size of the estate.
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 philippines probate, ownership cannot be legally transferred, and the estate remains in a state of uncertainty.