Dealing with the assets of a deceased relative who lived outside the country can be complicated, especially when there is property involved in the Philippines. One critical legal concept you must understand is the reprobate of a will. Simply put, reprobate is the court 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 undergo 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
Without a successful recognition hearing, the executor will not be able to distribute the deceased's land located in the archipelago. The court demands that the international testament be filed and recorded with the proper court to defend the claims of all heirs concerned.
What You Need to Prepare
To successfully petition for the allowance of a foreign will, the legal party must provide evidence of the following:
Due Execution: rebpobate philippines Verification that the will was executed according to the laws of the foreign country.
Foreign Probate: Documentation showing that the will has previously been approved by a competent court abroad.
Jurisdiction: Confirmation that the overseas tribunal had the right to process the will.
Legalization: Documents must typically be authenticated to be accepted in rebpobate philippines a local court.
The Procedural Steps
Filing the Petition: A verified petition is filed in the RTC where the estate is located.
Notice: The judge will require that rebpobate philippines the hearing be published in a newspaper for three consecutive weeks.
The Hearing: rebpobate philippines During the trial, testimony is offered to confirm the overseas testament.
Court Order: Once rebpobate philippines approved, the court issues a Certificate of Allowance and appoints an administrator to manage the local assets.
Summary
Managing the reprobate process in the Philippines is crucial for OFWs with inheritance. Even though it may look complex, hiring a skilled legal expert can help with the task. Guaranteeing your affairs are proper will avoid long-term disputes for your loved ones.