Probate
Probate
At FCB Law, we begin every probate or reprobate case with a thorough analysis to determine the most appropriate legal path based on your goals, budget, and circumstances. We provide a clear and honest assessment of your inheritance case and guide you through the process so you can make informed decisions with confidence.
WHY DO YOU NEED PROBATE OR REPROBATE?
ENSURE YOUR WISHES ARE FOLLOWED
Probate ensures that your wishes are officially recorded and executed. Unprobated wills are often not executed.
ONLY PROBATED WILLS CAN BE USED
Government agencies require a probate before transferring property to the heirs, making probate required when a Will exists.
FOLLOW A FOREIGNER'S WISHES
Foreigners must probate their Wills in Philippine court to ensure local agencies recognize and enforce them.
SETTLE FAMILY DISAGREEMENT
If a family disagrees on the Will, probate may be needed. A judge decides who gets what, but the process is costly.
Original Will
Property & Family Docs
Probate fee is 2% of Estate
Witnesses
PROBATE OR REPROBATE
IN 
STEPS
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FREQUENTLY ASKED QUESTIONS
Probate is a legal process in the Philippines that involves validating and enforcing a will after the testator’s death. The process ensures that the will is genuine and that the executor, who is responsible for managing the deceased person’s estate, has the legal authority to carry out the terms of the will.
Reprobate in the Philippines is necessary when a Will may have been probated abroad and must also go through the probate (in this case Reprobate) process in the Philippines.
The purpose of probate is to establish the authenticity of the will, identify and appoint the executor, notify the heirs, legatees, and devisees, settle the testator’s debts and liabilities and distribute the remaining assets to the heirs, legatees, and devisees according to the will.
To initiate the probate process, the executor or any interested party should file a petition for probate in the appropriate Regional Trial Court (RTC). The petition should include a copy of the will, a list of heirs, legatees, and devisees, and the estimated value of the estate. If reprobate is done other documents will also be needed from the foreign country.
After the petition is filed, the court will issue a notice to all interested parties, requiring them to appear before the court on a specified date, hear any objections or contests to the will and thereafter make a decision on the validity of the will.
The executor is responsible for taking inventory of the estate’s assets and liabilities, notifying creditors and settling outstanding debts, managing the estate during the probate process, distributing the estate assets to the heirs, legatees, and devisees according to the will and providing an accounting of the estate to the court.
The probate process can take about 2 years if uncontested and several years if contested, depending on factors such as the complexity of the estate, the cooperation of the heirs, and any disputes or challenges to the will.
If the deceased person did not leave a will, the estate will be subject to intestate succession and the property may be transferred through a a non-court process such as an Extrajudicial Settlement.
Yes, probate is not needed when there is no Will. If probate is not needed, then Intestate Law will determine how the property is divided amongst the heirs. Then, an Extrajudicial Settlement must be done.