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 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 interested party must file a verified petition for the allowance of the will in the province where the deceased lived.

1. Initial Filing: The executor submits the will and supporting documents to the appropriate RTC.

2. probate philippines Legal Notice: The court requires that a notice of the hearing be published in a newspaper of general circulation for three consecutive weeks. This notifies 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.

Step 4: Issuance of Decree: If the judge is satisfied that the will is valid, a certificate of probate is issued, and an executor is officially named.

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

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
How much does probate cost in the Philippines?

Common costs include:

Court Filing Fees: Usually based on the assessed value of the estate.

Publication Fees: Costs for legal announcements 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 percentage or an hourly rate.

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

Final Thoughts
Without probate, ownership cannot be legally transferred, and the estate remains in a legal limbo.