Dealing with the assets of a deceased relative who lived abroad can be challenging, specifically when there is real estate involved in the Philippines. One vital legal concept you need to understand is reprobate. Basically, reprobate is the legal process of recognizing a international will within the Philippines.
Defining Reprobate Philippines
In the Philippines, a will written and probated in a foreign land does not automatically pass title to Philippine assets. Instead, it must go through a special proceeding called re-probate. Based on Rule 77 of the Rules of Court, this procedure verifies that the foreign decree is legally sound and complies with local regulations.
Why You Need This Process
Without a successful reprobate case, the administrator is unable to sell the deceased's condominium located in the Philippines. Philippine law requires that the foreign will be documented with the Regional Trial Court (RTC) to protect the claims of all parties involved.
The Legal Essentials
To successfully petition for reprobate, the applicant must present evidence of the following:
Validity of the Will: Verification that rebpobate philippines the will was executed according to the laws of the place of residence.
Foreign Probate: A certified copy showing that the will has previously been approved by a competent court abroad.
Authority: Confirmation that the foreign court had the right rebpobate philippines to probate the will.
Legalization: Certificates must typically be legalized to be admissible in a local court.
How the Process Works
Starting the Case: A formal petition is filed in the Regional Trial Court where the estate is located.
Publication: The court will require that the hearing be advertised in a newspaper for a set period.
The Hearing: During rebpobate philippines the hearing, evidence is offered to confirm the foreign will.
Issuance of Letters: Once approved, the court grants a Certificate of Allowance and appoints an executor to settle the local assets.
Summary
Handling the will recognition process in the Philippines is crucial for OFWs with inheritance. Although it may seem intimidating, consulting rebpobate philippines a experienced lawyer can expedite the task. rebpobate philippines Making sure your documentation are proper will save potential disputes for your loved ones.