Dealing with the assets of a deceased relative who lived abroad can be complicated, especially when there is land involved in the Philippines. One critical legal procedure you must understand is the reprobate of a will. Simply put, reprobate is the legal process of recognizing a overseas will on Philippine soil.
The Meaning of Reprobate
According to Philippine law, a will written and probated in a foreign land does not automatically pass title to Philippine assets. Rather, it must pass a special proceeding called re-probate. Governed by Rule 77 of the Rules of Court, this action confirms that the overseas judgment is authentic and complies with local regulations.
Why You Need This Process
If you skip a successful recognition proceeding, the heir is unable to sell the deceased's condominium located in the Philippines. Philippine law insists that the international testament be filed and recorded with the proper court to defend the rights of all beneficiaries affected.
The Legal Essentials
To effectively apply for reprobate, the applicant must present documentation of the following:
Due Execution: Evidence that the will rebpobate philippines was written according to the laws of the place of residence.
Overseas Allowance: 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 usually be rebpobate philippines authenticated to be accepted in 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 the hearing be published in a newspaper rebpobate philippines for three consecutive weeks.
The Hearing: During the hearing, testimony is offered to confirm the overseas testament.
Court Order: Once rebpobate philippines satisfied, the court issues a Certificate of Allowance and appoints an administrator to rebpobate philippines manage the local assets.
Summary
Managing the will recognition process in the PH is mandatory for foreigners with inheritance. Even though it may look complex, working with a qualified lawyer can simplify the journey. Ensuring your legal papers are in order will save future headaches for your heirs.