Dealing with the assets of a family member who lived outside the country can be complicated, especially when there is property involved in the Philippines. One critical legal procedure you need to understand is the reprobate of a will. Basically, reprobate is the court process of validating a international will within the Philippines.
What is Reprobate?
Under the local legal system, a will executed and allowed in a foreign jurisdiction does not immediately transfer title to local properties. Rather, it must undergo a legal process called re-probate. Based on Rule 77 of the Rules of Court, this procedure confirms that the overseas judgment is legally sound and conforms with national laws.
The Importance of Reprobate
Without a successful recognition hearing, the heir will not be able to sell the deceased's property located in the country. Philippine law insists that the international testament be documented with the Regional Trial Court (RTC) to defend the interests of all beneficiaries concerned.
The Legal Essentials
To effectively apply for the allowance of a foreign will, the applicant must present proof of the following:
Validity of the Will: Proof 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.
Jurisdiction: rebpobate philippines Evidence that the overseas tribunal had the legal authority to probate the will.
Authenticity: Papers must typically be authenticated to be accepted in Philippine courts.
The Step-by-Step Guide
Filing the Petition: A formal petition is submitted in the RTC where the property is located.
Notice: The court will rebpobate philippines require that the hearing be published in a local daily for three consecutive weeks.
The Hearing: During the hearing, proof is offered to validate the overseas testament.
Issuance of Letters: Once satisfied, the court rebpobate philippines grants a Certificate of Allowance and appoints an executor to settle the local assets.
Summary
Handling the reprobate process in rebpobate philippines the Philippines is vital for OFWs with rebpobate philippines real estate. Although it may look complex, hiring a qualified lawyer can help with the task. Ensuring your documentation are proper will avoid long-term headaches for your heirs.