Managing the property of a deceased relative who lived abroad can be complicated, especially when there is property involved in the Philippines. One critical legal procedure you must understand is the reprobate of a will. Simply put, reprobate is the legal process of recognizing a overseas will locally.
The Meaning of Reprobate
According to Philippine law, a will written and proven in a foreign land does not automatically grant title to Philippine assets. Rather, it must pass a special proceeding called re-probate. Governed by Rule 77 of the Rules of Court, this action confirms that the foreign decree is authentic and complies with local regulations.
Why You Need This Process
If you skip a successful recognition hearing, the executor will not be able to sell the deceased's land located in the archipelago. Philippine law demands that the international testament be filed and recorded with the local RTC to defend the rights of all beneficiaries affected.
Key Requirements for Reprobate
To effectively apply for the allowance of a foreign will, the petitioner must present documentation of the following:
Validity of the Will: Proof that the will was written according to the laws of the place of residence.
Overseas Allowance: A certified copy showing that the will has already been probated by a foreign judge abroad.
Authority: Confirmation that the foreign court had the power to process the will.
Legalization: Certificates must usually be Apostilled to be admissible in rebpobate philippines a local court.
The Step-by-Step Guide
Filing the Petition: A verified petition is filed in the RTC where the estate is located.
Notice: The judge will require that the hearing be published in a newspaper for three consecutive weeks.
The Hearing: During the hearing, testimony is offered to rebpobate philippines confirm the overseas testament.
Issuance of Letters: Once satisfied, the court issues a Certificate of Allowance and appoints an administrator rebpobate philippines to manage the local assets.
Summary
Handling the will recognition process in the PH is rebpobate philippines mandatory for foreigners with inheritance. While it may seem daunting, working with rebpobate philippines a qualified lawyer can expedite the process. Making sure your documentation are correct will prevent potential legal issues for your family.