REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
___ Judicial Region
Branch _______
________ City
IN RE: PETITION FOR PROBATE
OF WILL OF __________________ SP PROC. NO.: ________
FOR: Probate of Will
(NAME OF PETITIONER),
Petitioner.
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PETITION
NOW COMES THE PETITIONER, (NAME OF PETITIONER), 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 __________________ where he can be served with summons and other processes of this Honorable Court;
2. That Petitioner is the son and the executor named in the Last Will and Testament of __________________, deceased, who died in __________________, on __________________, hereto attached and marked as Annex “A” of this petition is the death certificate;
3. That said __________________ executed and left said Last Will and Testament in accordance with the formalities of the Republic of the Philippines, said Last Will and Testament dated __________________ is hereto attached as Annex “B” and made an integral part of this petition;
4. That the subscribing witnesses to said will are: __________________, of legal age, single, Filipino and a resident of __________________; __________________, of legal age, married, Filipino and a resident of __________________; and __________________, of legal age, married, Filipino and a resident of __________________;
5. That the decedent is an inhabitant of the Philippines and a resident of __________________ at the time of her death;
6. That the petitioner, __________________, 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 his willingness to serve and discharge his 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 __________________ more or less;
8. That the testator, at the time of the execution of the said will, was _______ years old, of sound and disposing mind, and not acting under duress, fraud, or undue influence and was in every respect has the capacity to dispose of her estate by will.
9. That the decedent __________________ was survived by __________________, married, and __________________, single, both of legal age, Filipinos, and residents of __________________ 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 above-mentioned Will of deceased __________________ 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 ____________, Philippines, (Date).
LAWYER DETAILS
[Verification and Certification follows]
