Understanding Probate

Probate is the legal process of validating a will in court. Under Rule 75 of the Rules of Court, the person named as executor must file the will for probate within 20 days of learning of the testator's death. The court examines the will's authenticity and whether it was executed according to legal formalities. For a notarial will that is not contested, Rule 76, section 5 generally permits proof through at least one subscribing witness. Contested wills follow section 11; section 8 addresses subscribing witnesses who are dead, insane, or do not reside in the Philippines. During probate, interested parties may contest the will on grounds such as undue influence, fraud, or non-compliance with formal requirements.