Dealing with the property of a family member who lived overseas can be complex, particularly when there is real estate involved in the Philippines. One vital legal concept you must understand is the reprobate of a will. In short, reprobate is the judicial process of validating a international will on Philippine soil.
Defining Reprobate Philippines
According to Philippine law, a will written and proven in a foreign land does not instantly grant title to assets in the country. Rather, it must go through a special proceeding called re-probate. Governed by Rule 77 of the Rules of Court, this action verifies that the foreign decree is authentic and conforms with local regulations.
Why is it Necessary?
If you skip a successful reprobate hearing, the executor is unable to sell the testator's condominium located in the country. The court requires that the foreign will be registered with the local RTC to protect rebpobate philippines the interests of all parties affected.
Key Requirements for Reprobate
To properly apply for reprobate, the legal party must present evidence of the following:
Validity of the Will: Evidence that the will was written according to the laws of the foreign country.
Overseas Allowance: Documentation showing that the will has previously been probated by a rebpobate philippines competent court abroad.
Jurisdiction: Confirmation that the overseas tribunal had the right to rebpobate philippines process the will.
Legalization: Certificates must often be legalized to be accepted in rebpobate philippines a local court.
The Procedural Steps
Filing the Petition: A verified petition is filed in the Regional Trial Court where the property is located.
Notice: The judge will require that the notice be published in a newspaper for a set period.
Court Appearance: During the trial, proof is presented to confirm the overseas testament.
Issuance of Letters: Once approved, the court issues a court decree and appoints an executor to manage the Philippine property.
Conclusion
Handling the reprobate process in the PH is mandatory for overseas Filipinos with rebpobate philippines inheritance. Although it may seem intimidating, working with a experienced legal expert can expedite the task. Making sure your affairs are in order will avoid future legal issues for your heirs.