Dealing with the property of a deceased relative who lived abroad can be complex, 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 court process of recognizing a international will locally.
The Meaning of Reprobate
According to Philippine law, a will executed and proven in a foreign land does not instantly grant title to Philippine assets. Rather, it must undergo a special proceeding called re-probate. Governed by Rule 77 of the Rules of Court, this action confirms that the overseas judgment is authentic and complies with local regulations.
Why You Need This Process
Without a successful reprobate hearing, the executor will not be able to distribute the deceased's land located in the country. The judiciary requires that the international testament be documented with the Regional rebpobate philippines Trial Court (RTC) to safeguard the claims of all parties involved.
What You Need to Prepare
To properly petition for reprobate, the legal party must submit evidence of the following:
Due Execution: Evidence that the will was executed according to the laws of the foreign country.
Foreign Probate: Documentation showing that the will has previously been allowed by a foreign judge abroad.
Authority: Evidence that the foreign court had the legal authority to probate the will.
Legalization: Certificates must often be Apostilled to be admissible in Philippine courts.
The Step-by-Step Guide
Starting the Case: A formal petition is filed in the rebpobate philippines Regional Trial Court where the property is located.
Publication: The court will require that the notice be advertised in a local daily for a set period.
Court Appearance: During the trial, evidence is rebpobate philippines presented to validate the foreign will.
Issuance of Letters: Once satisfied, the court issues rebpobate philippines a Certificate of Allowance and names an executor to settle the Philippine rebpobate philippines property.
Final Thoughts
Handling the will recognition process in the PH is mandatory for foreigners with local investments. While it may seem daunting, working with a qualified attorney can expedite the process. Making sure your documentation are correct will prevent potential legal issues for your family.