A testator has left a will. How does one know if the will is valid?
Through probate proceedings, the validity of the will shall be proven through court procedure. Is this necessary? Yes, it is highly necessary for one to be able to transfer the testator’s assets to the heirs.
Some of the government agencies that require for the probate of the will are the Bureau of Internal Revenue and its different revenue district offices, as well as in local government units such as the city assessors. Thus, for the transfer to attain finality, the decision made by the probate court is required. Prior to the decision to be rendered by the probate court, the estate still belongs to the testator.
The necessity of the probate proceedings is found in Rule 75 of the Rules of Court, which enumerates the Production of the Will, as well as the Allowance of Will Necessary.
Section 1 of mentioned rule under the Rules of Court states that, “No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Subject to the right of appeal, such allowance of the will shall be conclusive as to its due execution.”
Section 2 of the same rule provides that, “the person who has custody of a will shall, within twenty (20) days after he knows of the death of the testator, deliver the will to the court having jurisdiction, or to the executor named in the will.”
Section 3 thereafter states that, “a person named as executor in a will shall, within twenty (20) days after he knows of the death of the testate, or within twenty (20) days after he knows that he is named executor if he obtained such knowledge after the death of the testator, present such will to the court having jurisdiction, unless the will has reached the court in any other manner, and shall, within such period, signify to the court in writing his acceptance of the trust or his refusal to accept it.”
Thus, probate proceedings must be filed in the city or municipality where the testator has last obtained permanent residency.
In instances where there is a will that has already been probated abroad, is it necessary for the will to be valid in the Philippines that it shall undergo a probate proceeding here? The answer is yes. For the foreign will to be proven valid in the Philippines, it must still be probated here.
How about if the will issued abroad has not been probated abroad, can you have the foreign will probated in the Philippines? The answer is still yes. It is not necessary that the foreign will has been probated abroad for it to be able to undergo the probate process in the Philippines. On occasion that the testator’s permanent residence is found abroad, for the will to be valid, it must be probated where the estate of the deceased is found.
Subsequently, the case shall then be filed at the corresponding Regional Trial Court.
It is only when there is a finality of decision of the Regional Trial Court when the properties can be transferred under the name of the heirs.
Need further information and assistance in the Philippines? Talk to our team at FILEDOCSPHIL to know more about the requirements and process. Call us today at (+632) 8478 5826 or send an email to info@filedocsphil.com for more information.
