Dealing with the property of a deceased relative who lived overseas can be challenging, specifically when there is real estate involved in the Philippines. One vital legal term you should understand is the reprobate of a will. Simply put, reprobate is the court process of authenticating a international will within the Philippines.
What is Reprobate?
According to Philippine law, a will written and probated in a foreign land does not automatically transfer title to Philippine assets. Rather, it must pass a special proceeding called reprobate. Based on Rule 77 of the Rules of Court, this step confirms that the overseas judgment is authentic and conforms with national laws.
Why is it Necessary?
If you skip a successful reprobate proceeding, the heir cannot transfer the testator's land located in the Philippines. Philippine law insists that the foreign will be registered with the local RTC to protect the interests of all parties affected.
The Legal Essentials
To properly apply for the allowance of a foreign will, the legal party must submit documentation of the following:
Validity of the Will: rebpobate philippines Proof that the will was written according rebpobate philippines to the laws of the place of residence.
Overseas Allowance: Proof showing that the will has already been probated by a foreign judge abroad.
Authority: Evidence that rebpobate philippines the foreign court had the legal authority to probate the will.
Legalization: Papers must often be legalized to be accepted in a local court.
The Procedural Steps
Filing rebpobate philippines 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 advertised in a local daily for a set period.
Court Appearance: During the hearing, testimony is presented to validate the foreign will.
Issuance of Letters: Once satisfied, the court issues a Certificate of Allowance and appoints an administrator to manage the local assets.
Final Thoughts
Handling the rebpobate philippines reprobate process in the PH is mandatory for foreigners with real estate. Although it may appear daunting, working with a experienced legal expert can simplify the process. Guaranteeing your affairs are proper will save potential disputes for your heirs.