Handling the estate of a family member who lived outside the country can be complicated, specifically when there is real estate involved in the Philippines. One essential legal concept you should understand is reprobate. Simply put, reprobate is the judicial process of authenticating a international will locally.
Defining Reprobate Philippines
Under the local legal system, a will executed and probated in a foreign land does not immediately pass title to Philippine assets. Instead, it must pass a legal process called re-probate. Under Rule 77 of the Rules of Court, this step confirms that the foreign court order is authentic and conforms with national laws.
Why You Need This Process
Lacking a successful recognition proceeding, the executor cannot sell the deceased's condominium located in the Philippines. The court requires that the international testament be documented with the local RTC to defend the claims of all heirs affected.
What You Need to Prepare
To properly apply rebpobate philippines for reprobate, the legal party must present evidence of the following:
Validity of the Will: Evidence that the will was made according to the laws of the place of residence.
Overseas Allowance: Documentation showing that the will has previously rebpobate philippines been allowed by a competent court abroad.
Jurisdiction: Evidence that the foreign court had the legal authority to process the will.
Legalization: Documents must usually be legalized to be admissible in a local court.
The Step-by-Step Guide
Starting the Case: A verified petition is submitted in the Regional Trial Court where the estate is rebpobate philippines located.
Notice: The court will order that the notice be published in a rebpobate philippines newspaper for a set period.
The Hearing: During the hearing, testimony is presented to confirm the foreign will.
Issuance of rebpobate philippines Letters: Once approved, the court issues a Certificate of Allowance and names an administrator to settle the local assets.
Conclusion
Handling the will recognition process in the Philippines is mandatory for OFWs with local investments. Although it may seem complex, consulting a qualified legal expert can simplify the task. Making sure your legal papers are correct will save future headaches for your family.