Handling the property of a family member who lived abroad can be complex, specifically when there is land involved in the Philippines. One essential legal concept you need to understand is reprobate. In short, reprobate is the judicial process of validating a international will on Philippine soil.
Defining Reprobate Philippines
According to Philippine law, a will executed and probated in a foreign land does not instantly transfer title to assets in the country. Instead, it must undergo a legal process called reprobate. Based on Rule 77 of the Rules of Court, this action confirms that the overseas judgment is legally sound and conforms with local regulations.
Why is it Necessary?
If you skip a successful reprobate case, the executor will not be able to sell the testator's property located in the country. Philippine law requires that the international testament be filed and recorded with the local RTC to protect the claims of all heirs concerned.
Key Requirements for Reprobate
To effectively apply for the allowance of a foreign will, rebpobate philippines the petitioner must present documentation of the following:
Due Execution: Evidence that the will was written according to the laws of the place of residence.
Foreign Probate: A certified copy showing that the will has already been approved by a foreign judge abroad.
Jurisdiction: Confirmation that the foreign court had the power to process the will.
Legalization: Documents must typically be legalized to be accepted in Philippine rebpobate philippines courts.
The Procedural Steps
Filing the Petition: A verified petition is submitted in the RTC where the estate is located.
Publication: The court will order that the notice be advertised in a newspaper for three consecutive weeks.
Court Appearance: During the hearing, proof is presented to validate the foreign will.
Issuance of Letters: Once satisfied, rebpobate philippines the court issues a Certificate of Allowance and appoints an executor to rebpobate philippines settle the Philippine property.
Final Thoughts
Handling the will recognition process in the PH is crucial for OFWs with real estate. Although it may appear daunting, working with a qualified lawyer can help with the task. Guaranteeing your documentation are correct will save future headaches for your rebpobate philippines loved ones.