The probate and execution of wills in the Philippines are governed primarily by the Civil Code of the Philippines (Republic Act No. 386, as amended), particularly Articles 774 to 1105 on Succession, and supplemented by the Rules of Court (as amended by the 2019 Revised Rules of Procedure on Court-Approved Settlements). These laws ensure that the last will and testament of a decedent is formally validated by the court before any distribution of the estate can occur. Probate is a mandatory judicial process that establishes the authenticity and due execution of the will, protects the rights of heirs, creditors, and other interested parties, and provides legal certainty to the transfer of property. Even in the absence of contest, no will may be given effect without probate. Failure to probate a will renders it legally ineffective for purposes of transferring title to real or personal property.

I. Testamentary Capacity and the Right to Make a Will

Any person of sound mind and at least eighteen (18) years of age may make a will (Civil Code, Art. 777). Soundness of mind requires that the testator understands the nature of the testamentary act, the nature and extent of his or her property, and the natural objects of his or her bounty at the time of execution. The burden of proving incapacity lies on the party alleging it. Married persons may execute wills jointly or separately, but joint wills executed by two or more persons in a single instrument are generally prohibited and void except when made by Filipino spouses in a foreign country where such joint wills are permitted by the law of that country (Civil Code, Art. 818).

A testator has testamentary freedom to dispose of his or her estate, subject to the legitime of compulsory heirs (legitimate children and descendants, legitimate parents and ascendants, and the surviving spouse). The legitime cannot be impaired except in cases of disinheritance for just cause as enumerated in Articles 916 to 920. Wills may be executed in the Philippines or abroad, provided the formalities of the place of execution or Philippine law are observed (Art. 17 and Art. 815).

II. Kinds of Wills and Formal Requirements for Validity

Philippine law recognizes two principal kinds of wills: notarial wills and holographic wills. Each must comply strictly with formal requirements; substantial compliance is insufficient.

A. Notarial (Ordinary) Wills
A notarial will must be:

In writing.
Executed in a language or dialect known to the testator.
Subscribed at the end by the testator himself or by his or her name written by another person in his or her presence and by his or her express direction.
Attested and subscribed by at least three (3) credible witnesses in the presence of the testator and of one another.
Acknowledged before a notary public by the testator and the witnesses.

Additional formalities include:

Every page, except the last, must be signed by the testator or the person requested by him and by the witnesses on the left margin.
All pages must be numbered correlatively in letters on the upper part of each page.
The attestation clause must state the number of pages used, that the testator signed or caused another to sign in the presence of witnesses, and that the witnesses signed in the presence of the testator and each other.
The will must be dated.

A notarial will may have a codicil executed in the same manner. If the testator is unable to read or write, or is blind, deaf-mute, or otherwise disabled, additional safeguards apply: the will must be read to the testator by one of the witnesses and by the notary, and special notations must appear in the attestation clause.

B. Holographic Wills
A holographic will is one that is entirely written, dated, and signed by the hand of the testator himself. No witnesses or notary are required. It must be wholly handwritten by the testator; any typewritten or printed portions invalidate it unless the holographic portion can stand alone. Additions, corrections, or interlineations must also be signed by the testator to be valid. A holographic will executed abroad by a Filipino is valid in the Philippines if it meets the requirements of the place of execution or Philippine law. A holographic will may be probated even if only a copy is presented, provided the original is proven lost or destroyed without bad faith.

Joint wills are void under Philippine law except in the limited case of Filipino spouses abroad. Secret or closed wills are not recognized.

III. Revocation, Republication, and Revival of Wills

A will may be revoked by the testator at any time before death by: (a) an express act in a subsequent will or codicil, (b) burning, tearing, cancelling, or obliterating the will with the intention of revoking it, performed by the testator or by another in his presence and by his express direction, or (c) by implication through acts inconsistent with the will (e.g., sale of the property devised). Revocation by implication occurs when a subsequent will disposes of the entire estate. A revoked will may be revived by republication in a later will or by re-execution with all formalities.

IV. Probate Proceedings: Jurisdiction, Venue, and Necessity

Probate is the judicial process of proving the due execution and authenticity of a will and securing a court order allowing it. It is mandatory; no will shall pass either real or personal property unless it is probated (Civil Code, Art. 838; Rules of Court, Rule 75). Probate establishes only the extrinsic validity of the will (due execution, testamentary capacity, and formalities). Questions of intrinsic validity (e.g., disinheritance, preterition, or the effect of the provisions) are resolved in subsequent estate settlement proceedings.

Jurisdiction and Venue
The Regional Trial Court (RTC) exercises jurisdiction over probate proceedings. Venue lies in the RTC of the province or city where the decedent was domiciled at the time of death, or, if the decedent was a non-resident, where he or she left any property. If multiple properties exist in different judicial regions, the court where the petition is first filed acquires exclusive jurisdiction (Rule 73).

Who May Petition
Any interested person may file a petition for probate: the executor named in the will, a devisee, legatee, heir, creditor, or any person having an interest in the estate. If the will is lost or destroyed, the petition must allege the circumstances of loss and that it was not revoked.

V. Steps in the Probate of a Will

The probate process follows these sequential steps:

Filing of the Petition
A verified petition is filed with the appropriate RTC, accompanied by the original will (or a copy if the original is lost). The petition must state:
- The jurisdictional facts (death, domicile, value of estate).
- The names and addresses of the heirs, legatees, devisees, and creditors.
- The probable value of the estate.
- The fact that the decedent left a will and the names of the executors.
- A request for the allowance of the will.
Issuance of Notice and Publication
The court issues an order setting the petition for hearing. Notice is sent by mail or personal service to all known heirs, creditors, and interested persons at least ten (10) days before the hearing. The order is published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province or city where the decedent resided. Publication is jurisdictional.
Hearing and Presentation of Evidence
At the hearing:
- For a notarial will: At least one of the subscribing witnesses must testify to the due execution of the will. If all witnesses are dead, unavailable, or incompetent, the will may still be allowed upon proof of the handwriting of the testator and at least one witness.
- For a holographic will: The handwriting of the testator must be proved by at least two (2) witnesses who have seen the testator write or who are familiar with his handwriting.
- The court may require the testimony of the notary public or other persons.
Any interested person may oppose the petition on grounds of lack of testamentary capacity, improper execution, revocation, or forgery.
Court Order Allowing or Disallowing the Will
If the court is satisfied that the will was executed and not revoked, it issues an order allowing probate. The will is then recorded. If disallowed, the estate passes by intestate succession.
Issuance of Letters Testamentary or Letters of Administration with the Will Annexed
Upon allowance of the will, the court issues letters testamentary to the executor named in the will if he or she is competent and accepts. If the executor is disqualified, dead, or refuses, or if no executor is named, letters of administration with the will annexed are issued to an administrator appointed by the court (usually from among the heirs or interested persons).

VI. Special Rules for Certain Wills

Lost or Destroyed Wills: Probate is allowed if the contents are proved by at least two (2) credible witnesses who have read the will or heard it read and can testify to its contents.
Wills Executed Abroad: A will executed abroad by a Filipino may be probated in the Philippines upon proof that it was executed according to the law of the place of execution or Philippine law. Foreign wills must be authenticated by the Philippine consul or by apostille.
Ancillary Probate: When a non-resident leaves property in the Philippines, an ancillary probate proceeding may be filed here after the principal probate in the foreign jurisdiction.

VII. Estate Settlement and Execution of the Will

After probate, the estate enters the settlement phase under the supervision of the probate court:

Inventory and Appraisal
The executor or administrator must file an inventory of all real and personal property within three (3) months from appointment, with appraisal by a court-appointed appraiser.
Payment of Debts, Taxes, and Expenses
Creditors must file claims within the period set by the court (not less than six months nor more than twelve months). Estate taxes (under the National Internal Revenue Code, as amended by the TRAIN Law and subsequent laws) must be paid before distribution. The estate is liable for funeral expenses, last illness expenses, and administration expenses, which enjoy preference.
Partition and Distribution
After debts are paid, the court may authorize partial or final distribution. Heirs and devisees may execute an extrajudicial settlement of estate if the will is simple, all heirs are of legal age, and no debts exist (Rule 74). Otherwise, distribution follows the terms of the will, subject to legitime. Real property titles are transferred via a court order and new Torrens titles.
Final Accounting and Discharge
The executor or administrator submits a final account of receipts and disbursements. Upon approval and full payment of all obligations, the court issues an order of final distribution and discharges the executor/administrator.

VIII. Additional Considerations

Time for Probate: There is no prescriptive period for probate of a will; it may be filed at any time after the testator’s death.
Costs and Attorney’s Fees: Court fees are based on the value of the estate. Attorney’s fees are chargeable against the estate if reasonable and approved by the court.
Appeals: Orders allowing or disallowing a will are appealable.
Summary Settlement: For small estates (gross value not exceeding PhP 2,000,000 as of the latest threshold under Republic Act No. 10963 and related issuances), summary proceedings may be used.
Effect of Probate: The probate order is conclusive as to the due execution and validity of the will against all persons, except those who were not notified and did not participate.

The probate and execution of wills in the Philippines safeguard the testator’s intent while protecting compulsory heirs and creditors through a structured judicial process. Strict adherence to the formal requirements of the Civil Code and the procedural rules of the court is essential, as defects in form are fatal to the will’s validity. Proper planning, including the execution of a valid will and timely probate, ensures orderly transfer of property and minimizes disputes among heirs.