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?
Under the Civil Code of the Philippines, probate is essential because the law must verify that the testator (the person who made the will) was of legal capacity and was not under duress to sign the document.
There are two primary 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 completely handwritten, dated, and signed by the testator.
The Step-by-Step Probate Process
The journey 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 proper RTC.
Step 2: Notice and Publication: The court orders that a notice of the hearing be published in a newspaper of general circulation for 21 days. This alerts creditors and other potential heirs.
3. Evidence Presentation: During the trial, witnesses are called to testify the authenticity of the will. 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
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 gross value of the estate.
Publication probate philippines 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
While the probate Philippines process is notoriously slow, it is the only legal way to honor the final wishes of a loved one who left a will.