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AGGABAO, MAE KATHREENE A.

2015-0622
AUSL LEGAL FORMS
ATTY. MAGBANUA

DOCUMENT/PLEADING PETITION FOR PROBATE OF A WILL


What is a Petition for Probate of a will? “Probate” is a special proceeding to
establish the validity of a will. Probate is
mandatory, which means that no will
passes either real or personal property
unless it is proved and allowed in a proper
court. Courts in probate proceedings, as a
rule, are limited to pass only upon the
extrinsic validity of the will sought to be
probated, but the courts are not powerless
to do what the situation constrains them to
do, and pass upon certain provisions of
the will, under exceptional circumstances.

“No will shall pass either real or personal


property unless it is proved and allowed in
accordance with the Rules of Court.” (Art.
838)
Who may file? Section 1 of Rule 76 states:

Any executor, devisee, or legatee


named in a will, or any other person
interested in the estate, may, at any
time after the death of the testator,
petition the court having jurisdiction
to have the will allowed, whether the
same be in his possession or not, or
is lost or destroyed.

Does prescription apply to probate of The statute of limitations is not applicable


wills? to probate of wills (Imprescriptibility of
Probate)

Where to file? Section 1 of Rule 73 states:

Where estate of deceased person settled.


- If the decedent is an inhabitant of the
Philippines at the time of his death,
whether a citizen or an alien, his will shall
be proved, or letters of administration
granted, and his estate settled, in the
Court of First Instance in the province in
which he resides at the time of his death,
and if he is an inhabitant of a foreign
country, the Court of First Instance of any
province in which he had estate. The court
first taking cognizance of the settlement of
the estate of a decedent, shall exercise
jurisdiction to the exclusion of all other
courts. The jurisdiction assumed by a
court, so far as it depends on the place of
residence of the decedent, or of the
location of his estate, shall not be
contested in a suit or proceeding, except in
an appeal from that court, in the original
case, or when the want of jurisdiction
appears on the record.
Under what Rule do we file this kind of Rule of Court provides:
document/pleading/grounds?
Rule 75 Production of Will; Allowance of
Will Necessary
Rule 76 Allowance or Disallowance of Will
Rule 77 Allowance of Will Proved Outside
of Philippines
Rule 78 Letters Testamentary and of
Administration of Estate Thereunder
Rule 79 Opposing Issuance of Letters
Testamentary; Petition and Contest for
Letters of Administration
Rule 80 Special Administrators
Rule 81 Bonds of Executors and
Administrators
Rule 82 Revocation of Administration,
Death, Resignation and removal of
Executors and Administrators
Rule 83 Inventory and Appraisal;
Provision for Support of Family
Rule 84 General Powers and Duties of
Executors and Administrators
Rule 85 Accountability and Compensation
of Executors and Administrators
Rule 86 Claims Against Estate
Rule 87 Actions by and against Executors
and Administrators
Rule 88 Payments of the Debts of the
Estate
Rule 89 Sales, Mortgages, and Other
Encumbrances of Property of Decedent
Rule 90 Distribution and Partition of the
Estate
What happens if there’s no will or if a will is Philippine law requires that a will, whether
not probated? notarial or holographic, must be probated
or allowed by a court before it can be
given effect. Rule 75 of the Rules of Court
states:

Sec. 1. Allowance necessary;


Conclusive as to execution. - No will
shall pass either real or personal
estate unless it is proved and
allowed in the proper court. Subject
to the right of appeal, such allowance
of the will shall be conclusive as to
its due execution.

A will enables a person to have control


over the disposition of his/her estate. In
the absence of a will, the general
provisions of law govern the disposition of
the estate of the deceased person. The
proceedings in the absence of a will is
called “intestate proceedings.”

Docket Fees:

For initiating proceedings for the allowance of wills, granting letters of administration,
appointment of guardians, trustees, and other special proceedings, the fees payable
shall be collected in accordance with the value of the property involved in the
proceedings, which must be stated in the application or petition, as follows:

1. ......More than P100,000.00 but less than P150,000.00 P2,000.00

2. ......P150,000.00 or more but less than P200,000.00 2,250.00


3. ......P200,000.00 or more but less than P250,000.00 2,500.00

4. ......P250,000.00 or more but less than P300,000.00 2,750.00

5. ......P300,000.00 or more but less than P350,000.00 3,000.00

6. ......P350,000.00 or more but not more than


P400,000.00 3,250.00

7. ......For each P1,000.00 in excess of P400,000.00 10.00

_____________________________________________________________

REPUBLIC OF THE PHILIPPINES


NATIONAL JUDICIAL CAPITAL REGION
REGIONAL TRIAL COURT
BRANCH 108, PASAY CITY

IN RE: PETITION FOR APPROVAL


THE WILL OF JUAN DELA CRUZ SP PRO NO.: 123456
FOR:PROBATE OF WILL
JANE DOE,
PETITIONER.
X--------------------------------------------------X

PETITION

COMES NOW THE PETITIONER, JANE DOE, through the undersigned


counsel and unto this Honorable Court most respectfully avers:

1. That the Petitioner is of legal age, married, Filipino and resident of 1123 Taft
Ave, Pasay City where she can be served with summons and other processes
of this Honorable Court;

2. That Petitioner is the sister and the executor named in the last will and
testament of JUAN DELA CRUZ, deceased, who died in Pasay, on
September 23, 2016, hereto attached and marked as Annex “A” of this
petition is the death certificate;

3. That said JUAN DELA CRUZ executed and left said last will and testament
in accordance with the formalities of the Republic of the Philippines, said last
will and testament (photostatic copy only) dated November 12, 2015 is hereto
attached as Annex “B” and made an integral part of this petition, the original
thereof to be presented to this Honorable Court at the time of the probate;

4. That the subscribing witnesses to said will are: PEDRO MANANSALA, of


legal age, single, Filipino and a resident of Room 3, PRP Condominium,
Leveriza St., Pasay City; INDAY GLORIA, of legal age, single, Filipino and
a resident of Phase 4, Block 3, Lot 8, Lavida Loca Subdivision, Villa, Pasay
City; and SABEL GRANADA, of legal age, single, Filipino and a resident
of Phase 2, Block 4, Lot 15, Pasay City;

5. That the decedent is an inhabitant of the Philippines and a resident of 1122


Taft Avenue, Pasay City at the time of her death;

6. That the petitioner, JANE DOE, named in the will as executor thereof, be
allowed to serve without the required bond and that Petitioner is legally
qualified, competent, willing and ready to accept the appointment as
Executor of the last will and testament and hereby signifies her willingness to
serve and discharge her duties and responsibilities as such;

7. That the property left by the decedent consists of real and personal property,
estimated to have the gross value of FIFTY MILLION PESOS(Php50,
000,000.00) more or less;

8. That the testatrix, at the time of the execution of the said will, was 53 years
old, of sound and disposing mind, and not acting under duress, fraud, or
undue influence and was in every respect capacitated to dispose of his estate
by will.
9. That the decedent JUAN DELA CRUZ was survived by Janet D. Napoles,
married, and Juan dela Cruz, Jr., single, both of legal age, Filipinos, and
residents of No. 08 Brgy. Sta. Cruz, Manila where they can be served notices.

PRAYER

Wherefore, premises considered, it is respectfully prays upon this Honorable


Court that judgment be rendered declaring:

(a) That, upon proper notice, publication and hearing, the abovementioned
will of deceased JUAN DELA CRUZ be approved, allowed and
admitted to probate;
(b) That letters testamentary (or of administration) be issued to herein
petitioner, without bond;
(c) That such other relief be granted as shall be deemed just and equitable in
the premises.

City of Pasay, Philippines, September 14, 2017.

ATTY. ABC
IBP NO. 45678, 1/02/12, Pasay City
PTR NO. 87654, 1/02/12, Pasay City
ROLL ATTORNEY NO. 32747
MCLE Comp. No. IV-4785, 3/2/12
VERIFICATION AND CERTIFICATION

I, _______________________, of legal age, after having been duly sworn in


accordance with law, depose and state that:

1. I am a petitioner in the above-stated case;

2. I caused the preparation of the foregoing petition;

3. I have read the contents thereof and the facts stated therein are true and correct
of my personal knowledge and/or on the basis of copies of documents and records
in my possession;

4. I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending


in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.

___________________________

Affiant

SUBSCRIBED AND SWORN to before me this 14th day of September


2017 at Pasay City, affiant exhibiting to me her Community Tax Certicate No.
36912 issued on January 9, 2017 at Pasay City

ATTY. XYZ
Notary Public
Membership Expiration Date:12/12/17
IBP NO. 45678, 1/02/12, Pasay City
PTR NO. 87654, 1/02/12, Pasay City
ROLL ATTORNEY NO. 32747
MCLE Comp. No. IV-4785, 3/2/12

Doc. No.___;
Page No.___;
Book No.___ ;
Series of 2017.