Managing the assets of a loved one who lived outside the country can be complicated, specifically when there is land involved in the Philippines. One vital legal term you should understand is reprobate. In short, reprobate is the judicial process of authenticating a international will within the Philippines.
What is Reprobate?
Under the local legal system, a will executed and proven in a foreign jurisdiction does not instantly grant title to Philippine assets. Rather, it must pass a special proceeding called re-probate. Based on Rule 77 of the Rules of Court, this action verifies that the foreign decree is valid and conforms with Philippine standards.
The Importance of Reprobate
Lacking a successful reprobate proceeding, the heir is unable to sell the deceased's condominium located in the Philippines. The court demands that the international testament be filed and recorded with the proper court to safeguard the claims of all heirs involved.
What You Need to Prepare
To properly petition for reprobate, the applicant must submit documentation of the following:
Due Execution: Proof that the will was written according to the laws rebpobate philippines of the place of residence.
Overseas Allowance: Proof showing that the will has already been allowed by a competent court abroad.
Authority: Evidence that the overseas tribunal had the right to probate the will.
Authenticity: Documents must typically be authenticated to be accepted in a local court.
The Procedural Steps
Filing the Petition: A rebpobate philippines verified petition is filed in the Regional Trial Court where the estate is located.
Notice: The judge will require that the notice be advertised in a local daily for a set period.
The rebpobate philippines Hearing: During the trial, evidence is presented to validate the foreign will.
Issuance of Letters: Once satisfied, the court issues a Certificate of Allowance and rebpobate philippines appoints an administrator to manage the local rebpobate philippines assets.
Conclusion
Managing the reprobate process in the Philippines is vital for OFWs with real estate. Although it may appear intimidating, consulting a qualified lawyer can simplify the journey. Ensuring your legal papers are in order will save future headaches for your heirs.