Dealing with the inheritance of an estate can be complex, especially when it involves the legal validation of a will through the Philippine court system.
Defining Probate in the Philippine Context
Legally speaking, no will shall pass either real or personal property unless it is proved and allowed in the proper court.
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 heir 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 probate philippines 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 one witness who knows the handwriting must testify.
4. Court Approval: If the judge is convinced that the will is valid, a decree is issued, and an executor is officially named.
Key Requirements for Probate Philippines
To avoid delays, you must prepare the following documents:
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.
Estimated Costs and Timeline
The financial aspect of probate can vary significantly depending on the size of the estate.
Common expenses include:
Court Filing Fees: Usually based on the assessed value of the estate.
Publication Fees: Costs for legal announcements ranging from P15,000 to P25,000.
Estate Tax: A flat rate of six percent of the net estate value.
Legal Fees: Lawyers may charge a flat fee or an hourly rate.
As for the timeline, a simple probate case may take 12 to 24 months.
Conclusion
Without probate, ownership cannot be legally transferred, and the estate remains in a state of uncertainty.