Dealing with the settlement 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
Under the Rules of Court 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 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 completely 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 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.
Step 4: Issuance of Decree: If the judge is satisfied that the will is valid, a decree is issued, and an executor is officially named.
What You Need to Get Started
Successful estate settlement depends on having the right documentation ready for the court.
The actual will left by the deceased.
Death probate philippines Certificate issued by the Philippine Statistics Authority (PSA).
A list of all properties, debts, and holdings.
Identification of all legal beneficiaries.
Estimated Costs and Timeline
The financial aspect of probate can vary greatly depending on the size of the estate.
Common expenses include:
Court Filing Fees: Usually based on the gross value of the estate.
Publication Fees: Costs for newspaper notices ranging from P15,000 to P25,000.
Estate Tax: A flat rate of 6% of the net estate value.
Legal Fees: Lawyers may charge a flat fee or an appearance fee.
However, if the will is contested by other heirs, the case could drag on for many years.
Conclusion
Consulting with an experienced Philippine estate lawyer is the best way to manage this complex legal landscape.