Report on Probate of Wills LEGAL FORMS

By Group 4 Atty. Magbanua

Grana, Luis Mari Sunday 10-12NN
Prades, Michaela
Salles, Mariane Theresa

What is a Will?
• A will is an act whereby a person is permitted, with the formalities
prescribed by law, to control to a certain degree the disposition of his
estate, to take effect after his death. (Article 783, NCC)

Decedent – a deceased person whose property is transmitted whether

he left a will or not
Testator – a person who left a will

Kinds of Wills
1) Holographic Will (Art 810, NCC)
A person may execute a holographic will which must be entirely
written, dated, and signed by the hand of the testator himself. It is
subject to no other form, and may be made in or out of the
Philippines, and need not be witnessed.
2) Notarial Will (Art 805, NCC)
Every will, other than a holographic will, must be subscribed at
the end thereof by the testator himself or by the testator's name
written by some other person in his presence, and by his express
direction, and attested and subscribed by three or more credible
witnesses in the presence of the testator and of one another.
The testator or the person requested by him to write his name
and the instrumental witnesses of the will, shall also sign, as aforesaid,
each and every page thereof, except the last, on the left margin, and
all the pages shall be numbered correlatively in letters placed on the
upper part of each page.
The attestation shall state the number of pages used upon which
the will is written, and the fact that the testator signed the will and
every page thereof, or caused some other person to write his name,
under his express direction, in the presence of the instrumental
witnesses, and that the latter witnessed and signed the will and all the
pages thereof in the presence of the testator and of one another.
If the attestation clause is in a language not known to the
witnesses, it shall be interpreted to them.

Common requirements of holographic will and notarial will

1. In writing
2. Must be in a language known to the testator
Additional requisites for a valid holographic will
• Entirely written, dated and signed by the hand of the testator. It is
subject to no other form, may be made in or out of the Philippines and
need not be witnessed.

Additional requisites for a valid notarial will

1.Subscribed by the testator himself or by the testator’s agent, under his
express direction and in his presence, at the end thereof and in the presence
of at least three (3) credible witnesses;
2. Attested and subscribed by at least three (3) credible witnesses in the
presence of the testator and of one another;
3. Each and every page of the will must be signed by the testator, or his
agent (in his presence and under his express direction) and by the witnesses
in the presence of one another;
4. Each and every page must be number correlatively in letters paged on
each page;
5. Must contain an attestation clause stating the following:
i. The total number of pages of the will;
ii. The fact that the testator or the agent be asked to subscribe and
sign his name in his presence and under the express direction, signed in
the presence of the three (3) instrumental witnesses; and
iii. All witnesses signed the will on every page thereof and subscribed
their names at the bottom of the attestation clause in the presence of the
testator and of one another.
6. Must be acknowledged before a notary public.

EXAMPLE

PAGE ONE

REPUBLIC OF THE PHILIPPINES)

CITY OF CAGAYAN DE ORO) S.S.

LAST WILL AND TESTAMENT

Of
Amelia Mayonette Corpuz Renaldi

KNOW ALL MEN BY THESE PRESENTS:

I, Amelia Mayonette Corpuz Renaldi, of legal age, single, a native

of Philippines, having been born on the 6th day of October, 1958, now
actually residing at Door #143, 44th Street, Centavo Village, Cagayan de Oro
City, being of sound and disposing mind and memory, and not acting under
undue influence, violence, fraud, or intimidation of whatever kind, do by
these presents declare this to my Last Will and Testament which I have
caused to be written in English, the language which is known to me. And I
hereby declare that:

1. I desire that my remains be buried according to the rites of

the Roman Catholic Church and with dignity suitable to my
circumstances;
2. I give and bequeath to my friend and business partner,
Asuncion L. Rivera, half of my shares in our company,
The Bees Spread;
3. I give and bequeath to my only child, Mia Janette
Renaldi, all my other properties, real and personal,
whatsoever and wheresoever located;
4. I designate Ma. Consuelo Concepcion, as the sole
executor and administrator of this Last Will and Testament,
and in her incapacity, I name and designate Antonio
Guevarra as her substitute.
5. I hereby direct that the executor and administrator of this
Last Will and Testament or her substitute need not present
any bond;
6. I hereby revoke, set aside and annul any and all of my
other will or testamentary dispositions that I have made,
executed, signed or published preceding this Last Will and
Testament.

IN WITNESS WHEREOF, I have hereunto set my hand this 14 th day of

February, 2010, in Cagayan de Oro City, Philippines.

Amelia Mayonette Corpuz Renaldi

ATTESTATION CLAUSE

We, the undersigned attesting witnesses, whose residences are stated

opposite our respective names, do hereby certify: That the testator,
Amelia Mayonette Corpuz Renaldi, has published unto us the foregoing
Will consisting of three pages numbered correlatively in letters on the upper
part of each page, as her Last Will and Testament and has signed the same
and every page thereof, on the left margin, in our joint presence and we, in
turn, at her request have witnessed and signed the same and every page
thereof, on the left margin, in the presence of the testator and in the
presence of each and all of us.
Marlie T. Villacora Cugman, Cagayan de Oro City, Philippines

Iris Mae C. Porte Licoan, Cagayan de Oro City, Philippines

Rea Jen H. Leoncion Puntod, Cagayan de Oro City, Philippines

JOINT ACKNOWLEDGMENT

BEFORE ME, Notary Public for and in the City of Cagayan de Oro,
Philippines, this 13th day of March, 2010, personally appeared:

The testator, Amelia Mayonette Corpuz Renaldi, with Community

Tax Certificate No. 1234567, issued on February 21, 2010 at Xavier States,
Cagayan de Oro City;

Witness, Marlie T. Villacora, with Community Tax Certificate No.

7654321, issued on February 21, 2010 at Cugman, Cagayan de Oro City;

Witness, Iris Mae C. Porte, with Community Tax Certificate No.

24681011, issued on February 21, 2010 at Licoan, Cagayan de Oro City;

Witness, Rea Jen H. Leoncion, with Community Tax Certificate No.

135791113, issued on February 21, 2010 at Puntod, Cagayan de Oro City,

all known to me to be the same persons who signed the foregoing Will, the
first as testator and the last three as instrumental witnesses, and they
respectively acknowledged to me that they signed the same as their own
free act and deed.

This Will consists of three pages, including the page on which this
acknowledgment is written, and has been signed on the left margin of each
and every page thereof by the testator and her witnesses, and sealed with
my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand the day, year

and place above written

ATTY. MADELONE C. LONCION

Notary Public for Cagayan de Oro City
Door 106, 87th Street, Carmen,
Cagayan de Oro City
 Appointment No. 06 until May 5, 2011
Roll of Attorneys No. 10
PTR No. 192345, issued on June
16, 2009 at Cagayan de Oro City
IBP No. 101010; issued on June
16, 2009, Cagayan de Oro City Chapter
Serial No. of Commission 023664

Doc. No. 09;

Page No. 14;
Book No. 19;
Series of 2019.

What is a Probate?
→ the judicial process whereby a will is "proved" in a court of law and
accepted as a valid public document that is the true last testament of the
deceased; or
→whereby the estate is settled according to the laws of intestacy in the state
of residence [or real property] of the deceased at the time of death in the
absence of a legal will.

Under what rule do we execute this document?

Section 1 Rule 75 of ROC
Section 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.

How is a Probate Proceedings initiated?

1. By filing a Petition for Probate; or
a. With will attached
b. Without the will attached
2. By submitting the Will to the court.

Who may petition for the allowance of the will?

1. The TESTATOR himself;
2. Any of the following named in the will:
a. Executor;
b. Devisee;
c. Legatee; or
d. Any other person interested in the estate.

When may a Probate Proceedings initiated?

1. Anytime during the lifetime of theTESTATOR ; or
 2. Anytime upon opening of Succession.

Section 1 Rule 76 of ROC

Section 1. Who may petition for the allowance of will. — 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.
The testator himself may, during his lifetime, petition the court for the
allowance of his will

Where to file?
Section 1 Rule 73 of ROC
Section 1. Where estate of deceased persons settled. — If the decedents 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.

Jurisdictional Facts
The “jurisdictional facts” in probate proceedings are the death of the
decedent, his residence at the time of his death in the province where the
probate court is sitting, or if he is an inhabitant of a foreign country, his
having left his estate in such province and that the testament or last will of
the deceased has been delivered to the court and is in the possession
thereof.

What are the contents of the petition?

Section 2 Rule 76 of ROC
Section 2. Contents of petition. — A petition for the allowance of a will must
show, so far as known to the petitioner:
(a) The jurisdictional facts;
(b) The names, ages, and residence of the heirs, legatees, and
devisees of the testator or decedent;
(c) The probable value and character of the property of the estate;
(d) The name of the person to whom the letters are prayed; and
(e) If the will has not been delivered to the court, the name of the
person having custody of it.
But no defect in the petition shall render void the allowance of the will, or
the issuance of letters testamentary or of administration with the will
annexed.

Different Scenarios in a Probate Proceedings

1) Filing of the Testator during his lifetime.

SAMPLE PETITION

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
National Capital Judicial Region
 Branch 1
Manila

IN THE MATTER OF THE

PETITION FOR THE AL- SPECIAL PROCEEDING
LOWANCE OF THE WILL No.___________________
OF DON JUAN A. DYE PROBATE OF WILL
Testator,
DON JUAN A. DYE (Testator).
Petitioner.
x--------------------------------------x

PETITION

PETITIONER, through counsel alleges:

1. That petitioner, is a resident of the City of Manila, Metro
Manila, Philippines.
2. That petitioner, having all the legal qualifications to execute a
will, did execute such will in accordance with the requirements and
formalities of law----a copy of which is hereto attached as Annex “A” and
made an integral part of this petition.
3. That the names, ages, and residences of the heirs, legatees,
and devices of the aforementioned decedent are the following, to wit:

Names Ages Residences

Don Juan A. Dye, Jr. 28 Unit 1 Building 1, Wan
Village, Brgy. Uno,
Manila
Juana A. Dye 24 Unit 2 Building 1, Wan
Village, Brgy. Uno,
Manila
Let M. Bee 21 Unit 3 Building 1, Wan
Village, Brgy. Uno,
Manila

4. That petitioner disposes by his will properties real and

personal, with an approximate value PhP15,000.000.00.
5. That there are four (4) copies, duly signed and executed of this
will, and said copies are in the custody of the following persons: Let M.
Bee and Aron N. Care.

WHEREFORE, it is respectfully prayed that, after due hearing, this

will of petitioner be approved and allowed.
 City of Manila, 28 February 2019

(Sgd) DON JUAN A. DYE

Petitioner

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, DON JUAN A. DYE, of legal age, with Philippines postal address at

Unit 1 Building 1, Wan Village, Brgy. Uno, Manila, after having been duly
sworn in accordance with law, depose and state that:

1. I am the 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.

(Sgd) DON JUAN A. DYE

Petitioner

SUBSCRIBED AND SWORN to before me this 28th day of February

2019 at City of Manila.

Atty. Joker O. Sergio

NOTARY PUBLIC MANILA
Unit 1, 01 Building, Recto, Manila
Appointment No. 123 Until 31 December 2022
IBP NO. 123456; 01/21/2021-Manila
PTR NO. 1234567; 01/21/2021-Manila
Roll No. 12345; 08/08/2018
 MCLE No. 1-001234; 08/08/2022
MCLE No II-0005678; 08/08/2022

Doc. No. 1 ;
Page No. 1 ;
Book No. 1 ;
Series of 2019.

2) Filing of any person named in the will and the will named the
excutor.

SAMPLE PETITION

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 1
Manila

IN THE MATTER OF THE

PETITION FOR THE AL- SPECIAL PROCEEDING
LOWANCE OF THE WILL No.___________________
OF DON JUAN A. DYE PROBATE OF WILL
Testator,
Don Juan A. Dye, Jr.
Petitioner.
x--------------------------------------x

PETITION

PETITIONER, through counsel alleges:

1. That deceased, DON JUAN A. DYE died on 14 February 2019 in
the municipality of Morong, province of Bataan, Philippines, leaving a
will, a copy of which is hereto attached as Annex “A” and made an
integral part of this petition.
2. That the deceased is a resident of the City of Manila, Metro
Manila, Philippines at the time of his death
3. That Aron N. Care is the person named as executor in said will,
and said person consents to act as such executor.
4. That the names, ages, and residences of the heirs, legatees,
and devices of the aforementioned decedent are the following, to wit:

Names Ages Residences

Don Juan A. Dye, Jr. 28 Unit 1 Building 1, Wan
Village, Brgy. Uno,
Manila
Juana A. Dye 24 Unit 2 Building 1, Wan
Village, Brgy. Uno,
Manila
Let M. Bee 21 Unit 3 Building 1, Wan
Village, Brgy. Uno,
Manila

5. That said deceased left properties, both real and personal with
the approximate value of PhP15,000.000.00,
6. That letters testamentary are prayed for the aforementioned
Aron N. Care, who is named as executor in the will.
7. That the will has been delivered to this court.
WHEREFORE, petitioner prays that, after due notice and hearing
the aforementioned will of the deceased DON JUAN A. DYE be approved
and allowed, and letters testamentary be issued to Aron N. Care.

City of Manila, 28 February 2019

(Sgd) Don Juan A. Dye, Jr.

Petitioner

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

3) Filing of (2) with the will in the custody of another person and
the will is without executor.

SAMPLE PETITION

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 1
Manila

IN THE MATTER OF THE

PETITION FOR THE AL- SPECIAL PROCEEDING
LOWANCE OF THE WILL No.___________________
OF DON JUAN A. DYE PROBATE OF WILL
Testator,
Don Juan A. Dye, Jr.
 Petitioner.
x--------------------------------------x

PETITION

PETITIONER, through counsel alleges:

1. That deceased, DON JUAN A. DYE died on 14 February 2019 in
the municipality of Morong, province of Bataan, Philippines, leaving a
will, leaving a will duly executed.
2. That said will was lost when the residence of the deceased
was robbed on 21 February 2019. A copy of the police report is is hereto
attached as Annex “A” and made an integral part of this petition.
3. That the deceased is a resident of the City of Manila, Metro
Manila, Philippines at the time of his death
4. That Aron N. Care is the person named as executor in said will,
and said person renounces his right to letters testamentary.
5. That the names, ages, and residences of the heirs, legatees,
and devices of the aforementioned decedent are the following, to wit:

Names Ages Residences

Don Juan A. Dye, Jr. 28 Unit 1 Building 1, Wan
Village, Brgy. Uno,
Manila
Juana A. Dye 24 Unit 2 Building 1, Wan
Village, Brgy. Uno,
Manila
Let M. Bee 48 Unit 3 Building 1, Wan
Village, Brgy. Uno,
Manila

6. That said deceased left properties, both real and personal with
the approximate value of PhP15,000.000.00,
7. That letters of administration are prayed for Let M. Bee, who
is the spouse of the testator.
8. That a copy of the will is in the possession and custody of Let
M. Bee.
WHEREFORE, petitioner prays that, after due notice and hearing
the aforementioned will of the deceased DON JUAN A. DYE be approved
and allowed, and letters of administration be issued to Let M. Bee.

City of Manila, 28 February 2019

(Sgd) Don Juan A. Dye, Jr.

Petitioner
 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

4) Setting of Hearing.

SAMPLE ORDER

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 1
Manila

IN THE MATTER OF THE

PETITION FOR THE AL- SPECIAL PROCEEDING
LOWANCE OF THE WILL No.___________________
OF DON JUAN A. DYE PROBATE OF WILL
Testator,
Don Juan A. Dye, Jr.
Petitioner.
x--------------------------------------x

ORDER FOR THE HEARING OF PETITION FOR PROBATE OF WILL AND

PUBLICATION OF SAID ORDER

A petition having been filed on 28 February 2019 by the petitioner

praying that the alleged will of DON JUAN A. DYE, who, as averred, died
on 14 February 2019, while a resident of the City of Manila, Metro Manila,
Philippines, be probated and allowed, and that Let M. Bee, be appointed
administrator with the will annexed; the Court hereby orders that said
petition be set for hearing on 9 April 2019, at 9:00 a.m., before the
Regional Trial Court of National Capital Judicial Region, at Manila, on
which date, time and place, all persons who have any opposition to said
petition for probate and to the appointment sought, may appear and show
cause, if any they have, why the aforementioned petition should not be
granted.
Let this order be published at the expense of petitioner in the
newspaper MANILA BULLETIN edited in the City of Manila, and of general
circulation in this province, once a week for three consecutive weeks.

City of Manila, 28 February 2019

(Sgd) Primitivo N. Final

Judge
 5) Probate with opposition.

SAMPLE OPPOSITION

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 1
Manila

IN THE MATTER OF THE

PETITION FOR THE AL- SPECIAL PROCEEDING
LOWANCE OF THE WILL No.___________________
OF DON JUAN A. DYE PROBATE OF WILL
Testator,
Prime A. Contras
Oppositor.
x--------------------------------------x

OPPOSITION TO PROBATE OF WILL

OPPOSITOR, through counsel, alleges:

1. That the aforementioned will was not executed and attested as

required by law.
2. That, at the time of the execution of said will testator was
insane, or otherwise mentally incapable to make a will.
3. That testator DON JUAN A. DYE was forced to execute the will
in question under duress, or the influence of fear, or threats.
4. That the execution of said will was procured by undue and
improper pressure and influence, on the part of Don Juan A. Dye, Jr. who
is the beneficiary named therein, or by some other person for his benefit.
5. That testator DON JUAN A. DYE acted by mistake and he did
not intend that the instrument should be his will at the time of fixing his
signature thereto.

WHEREFORE, oppositor Prime A. Contras prays that the application

for the probate of the will of deceased DON JUAN A. DYE be denied, and
that said will be disallowed.

City of Manila, 01 March 2019

 (Sgd) Prime A. Contras
Oppositor

(Proof of Service)

SAMPLE PETITION FOR APPOINTMENT OF SPECIAL ADMINISTRATOR

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
National Capital Judicial region
Branch 1
Manila

IN THE MATTER OF THE

PETITION FOR THE AL- SPECIAL PROCEEDING
LOWANCE OF THE WILL No.___________________
OF DON JUAN A. DYE PROBATE OF WILL
Testator,
Don Juan A. Dye, Jr.
Petitioner.
x--------------------------------------x

PETITION FOR THE APPOINTMENT OF

SPECIAL ADMINISTRATOR

PETITIONER A.B., through counsel, alleges:

1. That he is one of the legatees named in the will of deceased,

DON JUAN A. DYE, the probate and allowance of which will be sought in
the above entitled case.

2. That there are two oppositors to the petition for the probate of
said will, in all probability, it will take months before the aforementioned
controversy is finally settled, and a regular executor or administrator
appointed.

3. That, meanwhile, the estate left by decedent, which consists

in fishponds and ricelands, and which, therefore needs administration, is
left without anybody to look after or administer the same.

4. That it will redound to the best interests of all parties

concerned that a special administrator be appointed to manage said
estate pending the appointment of a regular executor or administrator.
 5. That Aron N. Care, whose residence is at Sitio Uno Morong,
Bataan, the elder brother of the deceased, is an impartial, competent and
honest person, and is a person well qualified to administer the estate.

WHEREFORE, petitioner prays that Aron N. Care. be appointed as

Special Administrator of the estate, with such powers and duties as are
provided by law, and to act as such until letters testamentary or of
administration are finally granted by the court.

City of Manila, 28 February 2019

(Sgd) Don Juan A. Dye, Jr.

Petitioner

Letters Testamentary
Section 4. Letters testamentary issued when will allowed. — When a will has
been proved and allowed, the court shall issue letters testamentary thereon
to the person named as executor therein, if he is competent, accepts the
trust, and gives bond as required by these rules.

Letters Administration
Section 6. When and to whom letters of administration granted. — If no
executor is named in the will, or the executor or executors are incompetent,
refuse the trust, or fail to give bond, or a person dies intestate,
administration shall be granted:

Effect of the Probate of the Will

• It is conclusive as to the EXECUTION and the VALIDITY of the will (even
against the state).
• Thus, a criminal case against the forger may not lie after the will has
been probated.