Understanding Probate in the Philippines: Steps, Requirements, and Expenses

When a person passes away leaving a last will and testament in the Philippines, the document must undergo a formal court procedure known as probate.

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 under duress 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 completely handwritten, dated, and signed by the testator.

The Step-by-Step Probate Process
To initiate the process, an executor must file a verified petition for the allowance of the will in the province where the decedent 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 journal of general circulation for 21 days. This alerts creditors and other potential heirs.

Step 3: The Hearing: During the hearing, witnesses are called to confirm 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 probate philippines that the will is valid, a decree is issued, and an executor is appointed.

Key Requirements for Probate Philippines
To avoid unnecessary hurdles, you must gather the following documents:

The actual will left by the deceased.

Official PSA-certified death record.

A list of all properties, debts, and holdings.

List of Heirs and their contact information.

Estimated Costs and Timeline
How much does probate price 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.

However, if the will is challenged by other heirs, the case could drag on for several 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.