Why choose us?
We provide you with an honest assessment of your inheritance situation so that you can determine which goal to pursue in accordance with your budget & circumstances.
We’ll explain the probate or reprobate process clearly to you so you know what to expect and can prepare evidence and testimony as needed.
As a Probate and Reprobate Law Firm, we are familiar with the true costs of the case. We’ll provide an estimate based on this history so that your estimate is based on fact.
We’ll always work in the best interest of the probate case and address the legal requirements that make or break a case, regardless of whether or not we check.
WHY DO YOU NEED PROBATE?
As a Probate and Reprobate Law Firm, we have come across many inheritance situations where Probate may be the only way to recognize your wishes if you want to disinherit, add a non-compulsory heir such as a partner, increase an heir’s share, or follow a foreigner’s Will. Without a will, PH inheritance law will be followed.
Ensure your wishes are followed
Probate ensures that your wishes are officially recorded and can be easily used. Unprobated Wills are not often not used due to budget or time constraints or difficulty of procuring evidence.
Only Probated Wills can be used
Government agencies will only accept a probated Will before transferring property to the name of the new Heirs, so probate is a necessary step so that the
Follow a Foreigner's Wishes
Foreigners generally follow the Inheritance Laws of their own country which may not follow PH law. In that situation, the Will must be probated in PH courts so that PH government agencies will follow the foreign Will.
Settle Family Disagreements
A Probate case may be the only solution when a family fights about an inheritance as the judge will then decide on the property division. These hostile cases are often long, time consuming and expensive.
Atty Britanico
Probate and Reprobate Law Firm
PROBATE AND REPROBATE LAW FIRM – CASE REQUIREMENTS
Probate requires the Original Will, property documents and family documents as well as witnesses to testify. If the case is combative, then more evidence, work and time will be needed as the case progresses and different points are raised.
Original Will
Property & Family Docs
2% of Estate Probate Fee
Witnesses
Probate/Reprobate 7 Step Process
Email Us and explain what the situation is and why you want to start a Probate case in the Philippines. Include the family tree, the Will, the property and family documents and whether or not the heirs are fighting.
Case Assessment FCB Law Office will recommend Probate or another option (if available) and provide an overview of how the case will progress, subject to whether there is active opposition.
File at Court FCB Law Office will file the Probate case at court and send you the court’s calculation of the probate fee, which is roughly 2% of the estate’s value.
Jurisdictional Hearing The court will have a hearing to check if the heirs were served and the relevant government offices to ensure jurisdiction was obtained.
Presentation of Evidence The presentation of evidence includes documents and witness testimony regarding the authenticity of the Will and proof of ownership of the assets and family relationships.
Opposition If opposition exists, opposition will also present the evidence refuting the Will’s authenticity or may challenge other points in the case such as relationships or ownership.
Decision After presentation by both sides, the judge will go through each side’s Formal Offer and pen a final Decision, which can then be registered after achieving Finality.
Further Reading
Denying Paternity in the Philippines When a Wife’s Child is Not Her Husband’s
Denying paternity in the Philippines requires filing a Petition to impugn legitimacy which must be filed with the court within a brief window of time, beyond which the action is barred by law. The legitimacy of the child will no l...
Guide to Child Support in Philippine Law
To File a case for Child Support in the Philippines you will need to prepare documents that prove the child’s paternity, show the Spouse’s financial capacity and itemize the child’s expenditures. Read more…...
How to Reconstitute a Philippine Land Title
In this post, I go through the process of how to ask the Registry of Deeds to replace its copy of your title. This process is called reconstitution and I go through the step by step as well as providing detailed information on wha...
Child Custody and Child Travel To and From the Philippines
Child custody issues are often intertwined with concerns about the child’s travel into and out of the Philippines. This discusses the interplay between the two...
Frequently Asked Questions
What is probate in the Philippines?
Probate is a legal process in the Philippines that involves validating and enforcing a will after the testator’s death. The process ensures that the will is genuine and that the executor, who is responsible for managing the deceased person’s estate, has the legal authority to carry out the terms of the will.
What is Reprobate in the Philippines?
Reprobate in the Philippines is necessary when a Will may have been probated abroad and must also go through the probate (in this case Reprobate) process in the Philippines.
What is the purpose of probate?
The purpose of probate is to:
- Establish the authenticity of the will
- Identify and appoint the executor
- Notify the heirs, legatees, and devisees
- Settle the testator’s debts and liabilities
- Distribute the remaining assets to the heirs, legatees, and devisees according to the will
How do I start the probate or reprobate process in the Philippines?
To initiate the probate process, the executor or any interested party should file a petition for probate in the appropriate Regional Trial Court (RTC). The petition should include a copy of the will, a list of heirs, legatees, and devisees, and the estimated value of the estate. If reprobate is done other documents will also be needed from the foreign country.
What happens after the petition for probate is filed?
After the petition is filed, the court will:
- Issue a notice to all interested parties, requiring them to appear before the court on a specified date
- Hear any objections or contests to the will
- Assess the evidence and determine the validity of the will
- If the will is valid, issue a decree of probate and appoint the executor
What is the role of the executor during probate?
The executor is responsible for:
- Taking inventory of the estate’s assets and liabilities
- Notifying creditors and settling outstanding debts
- Managing the estate during the probate process
- Distributing the estate assets to the heirs, legatees, and devisees according to the will
- Providing an accounting of the estate to the court
How long does the probate and reprobate process take in the Philippines?
The probate process can take about 2 years if uncontested and several years if contested, depending on factors such as the complexity of the estate, the cooperation of the heirs, and any disputes or challenges to the will.
What if the deceased person did not leave a will?
If the deceased person did not leave a will, the estate will be subject to intestate succession. In this case, the court will appoint an administrator to manage the estate and distribute the assets according to the rules of intestate succession as provided by the Philippine Civil Code.
Can I avoid probate or reprobate in the Philippines?
Yes, probate is not needed when there is no Will. If probate is not needed, then Intestate Law will determine how the property is divided amongst the heirs. Then, an Extrajudicial Settlement must be done.
