Navigating Probate in the Philippines: Process, 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?
In simple terms, probate is the judicial process of proving that a will is genuine and was executed according to the formalities of Philippine law.

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 entirely 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 petitioner submits the will and supporting documents to the proper RTC.

Step 2: Notice and Publication: The court requires that a notice of the hearing be published in a journal of general circulation for probate philippines three consecutive weeks. 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 convinced that the will is valid, a decree 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 actual will left by the deceased.

Official PSA-certified death record.

A list of all properties, debts, and holdings.

Identification of all legal beneficiaries.

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 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.

As for the timeline, a uncontested probate case may take one to two years.

Final Thoughts
While the probate Philippines process is known for being slow, it is the only legal way to honor the final wishes of a loved one who left a will.