Managing the property of a family member who lived overseas can be complex, specifically when there is real estate involved in the Philippines. One essential legal concept you should understand is the reprobate of a will. Basically, reprobate is the court process of validating a international will locally.
The Meaning of Reprobate
Under the local legal system, a will written and proven in a different country does not automatically grant title to assets in the country. Rather, it must undergo a special proceeding called re-probate. Under Rule 77 of the Rules of Court, this action verifies that the overseas judgment is valid and complies with national laws.
Why You Need This Process
If you skip a successful recognition case, the heir will not be able to transfer the deceased's property located in the Philippines. The judiciary insists that the international testament be registered with the Regional Trial Court (RTC) to defend the claims of all heirs concerned.
What You Need to Prepare
To successfully petition for the allowance rebpobate philippines of a foreign will, the legal party must provide proof of the following:
Validity of the Will: Verification that the will was made according to the laws of the foreign country.
Overseas Allowance: Proof showing that the will has already rebpobate philippines 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 rebpobate philippines Guide
Filing the Petition: A verified petition is filed in the Regional Trial Court where the estate is located.
Notice: The judge will require that the notice be rebpobate philippines published in a newspaper for three consecutive weeks.
The Hearing: During the hearing, testimony is offered to confirm the overseas testament.
Court Order: Once satisfied, the court issues a Certificate of Allowance and rebpobate philippines appoints an administrator to manage the local assets.
Summary
Managing the will recognition process in the PH is mandatory for foreigners with inheritance. Even though it may seem daunting, working with a qualified lawyer can simplify the journey. Ensuring your legal papers are in order will prevent potential legal issues for your family.