Petition for Probate of Will

 

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.                     

/-----------------------------------------------X

 

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]

Last Will and Testament (Notarial Will)

 PAGE ONE

 

 

LAST WILL AND TESTAMENT

 

OF

 

_________________________

 

 

KNOW ALL MEN BY THESE PRESENTS:

 

         I, _________________________, of legal age, Filipino, married to _________________________, having been born on the ________________________ in _____________________, now actually residing at ________________________, Philippines, 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 be my Last Will and Testament which I have caused to be written in English, a language which is known to me. And I hereby declare that:

 

1.    I give and bequeath to my eldest daughter, ________________________, of legal age, Filipino, married to ________________________, and a resident of ________________________, my ________________________.

 

2.    My ________________________ shall be given to ________________________, of legal age, Filipino, single, and a resident of ________________________.

 

3.    I hereby give and bequeath to ________________________, of legal age, Filipino, married to ________________________, and a resident of ________________________, my ________________________.

 

4.    I designate ________________________, of legal age, Filipino, single and a resident of ________________________ as the executor and administrator of this Last Will and Testament, and in the event he predeceases me or becomes incapacitated or, for one reason or another, fails to perform the function of an executor, in his stead I am appointing ________________________, of legal age, Filipino, single and a resident of ________________________. The two persons named have been informed of the role they will alternatively play when this Last Will and Testament becomes operational.

 

 

PAGE TWO

 

6.    I hereby direct that the executor and administrator of this Last Will and Testament or his substitute need not present any bond.

 

7.    I want all concerned to know that in disposing of the properties in this WILL, I am fully aware of the legal hereditary rights of compulsory heirs.

 

IN WITNESS WHEREOF, I have hereunto set my hand on each and every one of the three pages of this document this (Date of Signing) in (Place of Signing), Philippines.

 

                                                              

                                             NAME OF TESTATOR

 

 

ATTESTATION CLAUSE

 

We, the undersigned attesting witnesses, whose residences are stated opposite our respective names, do hereby certify: That the testator, ______________________, has published unto us the foregoing will consisting of three (3) pages numbered correlatively in letters on the upper part of each page, as her Last Will and Testament, and she 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.

 

 

WITNESS #1                              Address

 

WITNESS #2                              Address

 

WITNESS #3                              Address 

JOINT ACKNOWLEDGMENT

 

         BEFORE ME, a Notary Public for and in the City of ____________, Philippines, this (Date of Notarization), personally appeared:

 

         The testator, ______________________, with OSCA ID No. _____________ issued on __________________;

 

         Witness, __________________, with (ID Details;

PAGE THREE

 

 

         Witness, __________________, with (ID Details;

 

         Witness, __________________, with (ID Details;

 

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.

 

The Will consists of three (3) 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 his witnesses, and sealed with my notarial seal.

 

IN WITNESS WHEREOF, I have hereunto set my hand the day, year, and place above-mentioned.

 

 

Doc. No. _____;

Page No. _____;

Book No. _____;

Series of _____.