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

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 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 forced 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.

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.

1. Initial Filing: The petitioner submits the will and supporting documents to the appropriate 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 notifies 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 one witness 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 officially named.

Key Requirements for Probate Philippines
To avoid probate philippines delays, you must gather 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 monetary aspect of probate can vary greatly 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 6% of the net estate value.

Legal Fees: Attorneys may charge a flat fee or an appearance fee.

However, if the will is contested by other heirs, the case could last for many years.

Final Thoughts
Without probate, ownership cannot be legally transferred, and the estate remains in a state of uncertainty.